^^ 



^ 






r 









. 






*> -V - 



\^ 






^,# 









^. -A 






VL V 









W .->~V=\ : %^ 









^ 







W 

























.- ^ 



4 V 










,0o. 













% 












:W- • 



• 












■ \ o 

A .if 
















vV </> 

















< 















,0 0. 







^, ^ 































■*•■" 






„% ^ 



;oo 




s*"'i ^ 



^ ^ Y< 






, «y 
















& 






\V 



vy 






^ ^ 



[\55\ 



MESSAGE 

FROM 

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING 

THE CORRESPONDENCE 

BETWEEN 

THE DEPARTMENT OF STATE, AND THE SPANISH MINISTER, 
RESIDING HERE, 

SHOWING THE PRESENT STATE 

OP THE 

RELATIONS BETWEEN THE TWO GOVERNMENTS. 



March 14, 1818. 
Read, and referred to the Committee on Foreign Relations. 



WASHINGTON: 

PRINTED BY E, DE KRAFFT, 
1818. 









aid 



LC Control Number 




tmp96 025213 
3 * MAY - £ 

fisr^ fog? 



[1553 



To the Speaker of the House of Representatives. 

In compliance with a resolution of the Senate of the 16th of De- 
cember, and of the House of Representatives of the 24th of February 
last, I lay before Congress a report of the Secretary of State, and the 
papers referred to in it, respecting the negociation with the gove rn- 
ment of Spain. To explain fully the nature of the differences between 
the United States and Spain, and the conduct of the parties, it has 
been found necessary to go back to an early epoch. The recent cor- 
respondence, with the documents accompanying it, will give a full 
view of the whole subject, and place the conduct of the United States, 
in every stage, and under every circumstance, for justice, modera- 
tion, and a firm adherence to their rights, on the high and honorable 
ground which it has invariably sustained* 

JAMES MONROE* 

Washington, March Vkth> 1818» 



[155] 5 

DEPARTMENT OF STATE. 

Uth March, 1818. 

The Secretary of State, to whom have been referred the resolu- 
tions of the Senate of 16th of December, and of the House of 
Representatives of 24th February last, has the honor of submitting 
to the President the correspondence between this Department and the 
Spanish Minister residing here, since he received the last instruc- 
tions of his government to renew the negotiation, which at the time 
of the last communication to Congress was suspended by the insuffi- 
ciency of his powers: these documents will show the present state of 
the relations between the two governments. 

As in the remonstrance by Mr. de Onis, of the 6th of December, 
against the occupation by the United States of Amelia Island, he re- 
fers to a previous communication from him denouncing the expedi- 
tion of Sir Gregor MGregor against that place, his note of 9th July, 
being the paper thus referred to, is added to the papers now transmit- 
ted. Its date, when compared with that of the occupation of Amelia 
by McGregor, will show that it was written ten days after that event; 
and the contents of his note of 6th December, will show that mea- 
sures had been taken by the competent authorities of the United 
States to arrest M 4 Gregor, as soon as the unlawfulness of his proceed- 
ings within our jurisdiction had been made known to them by legal 
evidence, although he was beyond the reach of the process before it 
could be served upon his person. The tardiness of Mr. Onis' re- 
monstrance is of itself a decisive vindication of the magistrates of 
the United States against any imputation of neglect to enforce the 
laws; for if the Spanish Minister himself had no evidence of the pro- 
ject of M'GregGr, sufficient to warrant him in addressing a note upon 
the subject to this department, until ten days after it had been accom- 
plished, it cannot be supposed that officers whose authority to act^ 
commenced only at the moment of the actual violation of the laws, 
and who could be justified only by clear and explicit evidence of the 
facts, in proof of such violation, should have been apprized of the ne- 
cessity of their interposition in time to make it effectual, before the 
person accused had departed from this country. 

As in the recent discussions between Mr. Onis and this Depart- 
ment, there is frequent reference to those of thenegociation at Aran. 
juez, in 1805; the currespondence between the extraordinary mission 
of the United States at that period, and Don Pedro Cevallcs, then the 
Minister of Foreign Affairs in Spain, will be also submitted as soon 
as may be, to be laid before Congress, together with the correspond- 
ence between Don Francisco Pizarro and Mr. Erving, immediately- 
preceding the transmission of new instructions to Mr. Onis, and other 
correspondence of Mr. Onis with this Department, tending to com- 
plete the view of the relations between the two countries. 

JOHN QUINCY ADAMS, 



[155] 



List of papers transmitted to the President, with the report of the 
Secretary of State of the lkth March, 1818. 

No. 1. Don Luis de Onis, to the Secretary of State, 9th July, 1817. 

2. The same, to the same, 6th December, 1817. 

3. The same, to the same, 10th December, 1817. 

4. The Secretary of State, to Don Luis de Onis, 16th Dec. 1817. 

5. Don Luis de Onis, to the Secretary of State, 29th Dec. 1817 

6. The same, to the same, 5th January, 1818. 

7. The same, to the same, 8th January, 1818. 

8. The same, to the same, 8th January, 1818. 

9. The Secretary of State, to Don Luis de Onis, 16th Jan. 1818. 

10. Don Luis de Onis, to the Secretary of State, 24th Jan. 1818. 

11. The same, to the same, 10th February, 1818. 

12. The Secretary of State, to D#n Luis de Onis, 12th March, 181 8» 

(With enclosures A. 1, B. 2, C. 3, D. 4, E. 5.) 

Department of 'State 9 March lkth> 1818, 



[155] ,9 

No. 1. 

(Translation.) 

Don Luis dc Onis, to the Secretary of State. 

SIR, 

I am under the necessity of calling your attention, and that of th'e 
President, to what has occurred at Baltimore, in relation to the two 
privateers or pirates, which have lately entered the bay of Chesapeake, 
and now are within the proper limits of the state of Maryland; the 
one commanded by captain Taylor, and the other by captain Stafford. 
It is notorious, that these privateers, manned and armed in the ports 
of the Union, sailed on a cruise against the Spanish commerce, and 
have returned to the waters of Maryland with a part of the plunder 
and booty, they have taken on board of Spanish and Portuguese 
vessels. 

For the due conviction of this outrage, the necessary orders or 
warrants were sent, at the request of the consul of his catholic ma- 
jesty in Baltimore, to the marshal of that city, to proceed to the ar- 
rest of the aforesaid privateers, and for its execution, a gun boat was 
granted by the collector of the customs. All this, however, was in 
vain; the marshal gave no effect to the orders issued for this arrest; 
and his majestyVconsul seeing that eight days had passed, without 
the marshal taking a single step to fulfil the orders he was charged 
with, called upon him, and claimed their execution; upon which he 
replied categorically, a that he was unwilling to proceed to the arrest 
of the said privateers, because it was not his duty to execute it, ex- 
cept they had entered the port of Baltimore; but by no means in the 
bay, although within the district of the state." The consul lately 
applied to the district attorney, complaining of this conduct; and he 
acknowledged, that indeed it was very extraordinary; but he took no 
steps to remedy it, or to enforce the observance of the laws of the 
United States, in a case of so scandalous an example. These facts 
speak for themselves, and the mere statement of them is sufficient to 
make you and the President thoroughly sensible cf the monstrous 
consequences, which the irregular conduct of this marshal may lead 
to. It is perfectly evident, that the public treaty between Spain and 
the United States, and the late act of Congress, sanctioned as a gene- 
ral law for the more strict observance of the neutrality of the same 
States with foreign powers, are scandalously trampled under foot in 
Maryland; and that the marshal, by formally disobeying the lawful 
authority of the state, and that of the general government of the 
Union, protected the hostilities and piracies, carried on against the 
trade of a nation, in a state of peace and, amity with the United States. 
1 cannot, therefore, do less than to remonstrate in the name oi ttfe 
2 



10 [155] 

king, my master, against so manifest a violation of the neutrality of 
this republic, of its laws, and of the treaty existing between the two 
powers, and to request that you will be pleased to obtain of the Pre* 
sident the most prompt and effectual orders, to cause the marshal of 
Baltimore to do his duty, and all requisite justice to the subjects of 
his majesty. 

It is my duty also to call your attention ar.d that of the President, 
to the conduct of the adventurer, Sir Gregor M'Gregor, who since 
he was in arms with the bands of insurgents in the province of Ve- 
nezuela, has come to these States, and been constantly engaged in 
en'erprizes to invade or disturb the tranquillity of his catholic majes- 
ty's possessions in that part of the world. He lately recruited in 
Charleston a great number of adventurers, and among them several 
persons of note, viz: one Rouse, son of a colonel of that name, an in- 
habitant of that city; one Champion, who was a commissary in the 
service of the United States in the late war, and store-keeper of ord- 
nance; one H~ath, a lawyer of tke same place; and many others 
whose nancies I pass over. He purchased, under a borrowed name, a 
brig of considerable burden, which he despatched with passengers to 
New Orleans, on the 19th of last month; and on the following day he 
went on to Savannah in the stage, according to common report, to 
recruit more people. His subsequent proceedings and hostile pre- 
parations in the bosom of this union, against the possessions of the 
Spanish monarchy, are notorious, and announced with a scandalous 
publicity in many papers of these States. I hope, then, that yo,u and 
the President will apply the energy of your zeal, for good order and 
the observance of the public laws, by restraining these excesses and 
vexations, which compromit the neutralitv, which the President has 
proposed to preserve in the dispute subsisting between the king, my 
master, and some of his provinces in rebellion, and render null, as you 
may imagine, the security in which the government of his catholic 
majesty rests, in a reliance on the safeguard of the said laws, and on 
that of the general principles of public good faith, which serve as the 
basis of the tranquillity and friendly intercourse between the nations 
and governments of the world. * . 

I renew, &c. 
(Signed) LUIS DE OJNIS. 

Philadelphia,' 9th July, 1817, 



[155] i. 

No. 2, 
(Translation.) 

The same to the same. 

SIR, 

The'message of the President embraces two particular points, in 
the paragraph in which he announces the actual state of the political 
relations between Spain and the United States, of which I wish to 
have a precise and ex act knowledge, to reconcile their true meaning 
with the sincerity and purity of the sentiments, of which the Ameri- 
can government makes profession, in conformity with those which 
animate hii catholic majesty, when he anxiouslv seeks all possibly 
means of settling the differences pending between the two .nations, 
and of strengthening his friendship and good understanding with the 
United States, on a basis, which, being confirmed by the most gener- 
ous principles of good faith and mutual justice, may be lasting and 
unalterable, without leaving the seeds of discontent, or ground for 
fresh differences in future. 

The two points I speak of, are, 1st, what relates to Amelia Island; 
and, 2d, what concerns Galveston. 

The President announces, in respect to the first, that this island 
having been taken possession of by a party ol people, who belong to 
no country, or if they have belonged to any, they have, by their con- 
duct, forfeited all right of public consideration or toleration, they 
having established in the said island, a place of refuge, scandalous by 
its jpiracies, andseriously prejudicial, by a contraband trade, to the 
United States, chiefly in what regards the clandestine introduction of 
negroes into the territories of the Union, and the carrying off or flight 
of others from the same country, his excellency has therefore deter- 
mined to put a stop to this evil and had given orders accordingly. 

It is my duty to remind you, sir, that the expedition which took 
possession of Amelia Island, was formed and armed at Charleston and 
Savannah, under the command of the adventurer, Sir Gregor McGre- 
gor, and wholly composed of citizens of this republic, in violation of 
the laws of the United States, the law of nations, and the existing 
treaty between Spain and the said States. I denounced this expedi- 
tion to you at the time, and invoked the efficacious authority of the 
Federal Government, to prevent it, and punish the offenders. The 
expedition proceeded, notwithstanding, from the limits and ports of 
the Union, to invade that island, and there commit the excesses on 
which the President touches. After McGregor had left Amelia Island^ 
the district court of South Carolina issued a bench writ to appre- 
hend him, wherever he might be found within the American territo- 
ries. This writ could not certainly be issued, without a legal evi- 



12 [155] 

dence of the offence, nor could the offence be more enormous, or 
more notorious, in the face of the whole Union. It results from this, 
that there could be no just ground of converting into an act of hostili- 
ty, or of public detriment to Spain, the evils which have flowed from 
tSe toleration of similar armaments in the bosom of this Union; ar- 
maments which had for their object, the invasion and plunder of the 
possessions of a friendly power. 

I, therefore, request you, sir, to be pleased to inform me of the 
measures the President may have taken on this point, and of his in- 
tentions in relation to it, in order that by informing the authorities of 
the king, in East Florida thereof, those discontents may be avoided 
to which an erroneous conception may give rise, and all unfortunate 
impressions dissipated, which might disturb the lively and sincere de- 
sire of conciliation and perfect harmony which actuates his catholic 
majesty. 

On the second point, relating to Galveston, the President an- 
nounces, that, in that place, which it is contended falls within the li- 
mits of the United States in consequence of the acquisition of LouisU 
ana, a number of vagrant persons had before established themselves, 
and committed acts of piracy very prejudicial to the trade of the 
United States; and that, therefore, his excellency had also taken 
measures to correct those abuses. 

There are two things which I have to remark on this point. The 
first is, that the place of Galveston has not been, nor ever could be, with- 
in the limits of Louisiana; because, at no time, did it make a part of it. 
It has constantly belonged to the dominions of the crown of Spain, as a 
territory absolutely unconnected with, and distinct from Louisiana; and 
as such, ought to be maintained and respected, until the United States 
produce documents which establish their rights, and annul the titles, 
till now undisputed, of property and possession on the part of Spain, 
from the earliest times of its discovery and conquest, unto the present; 
and this will be determined, as there may be occasion for it, and may- 
be just, at the time of amicably arranging the question of boundaries 
between the two nations, as his catholic majesty sincerely and earnest- 
ly desires, and as I have the hope to verify in a short time, in his 
royal name, by means of the negotiation which we have established. 

The second thing which lhave to recall to you, is, that the king's 
troops drove off from Matagorda the vagabond freebooters, who had 
taken possession ot that point; in consequence of which the same ad- 
venturers were forced to evacuate Galveston, where they had also es- 
tablished themselves, so that neither of these places was afterwards 
attacked or infested by them or any other banditti. Moreover, if by 
the occupation of Galveston at that time, the United States have 
sustained injuries, it is notorious, that Spain has suffered much great- 
er, by the facility afforded to the pirates in capturing Spanish vessels, 
carrying them into that place, and there selling them to the citizens 
of this Union; that from this magazine of plunder, they conveyed the 
Spanish property to ]\"ew Orleans and other parts of the Ignited 



[155] 



13 



States, in American vessels, as is well known to you, sir, and to all 
the world. In any event, when the injuries reciprocally caused, to 
American citizens, by the government or subjects of Spain, or to the 
latter, by the government or citizens of the United States, are com- 
pared or estimated, such an indemnification will be stipulated, as is 
agreeable to justice and good faith. 

These remarks and others equally obvious, cannot fail to con- 
vince you, as I am sure they will convince the whole world, that there 
was not the smallest motive for proceeding to acts of violence, on 
either of the two points, which form the subject of this note, and on 
which the President has touched in his message. I hope that the in- 
tentions of his excellency will not differ from this opinion; and, as 
well to avoid the disagreeable consequences which might arise from 
a misunderstanding, as to communicate to the king, my master, the 
true state of things, I have to request of you, sir, as I now do, a pre- 
cise and satisfactory explanation on the abovementioned two points, 
namely, of the measures taken by the President in relation to them f 
and of his intentions upon the subject, I flatter myself, that you will 
have the goodness to give me the said explanation as speedily as the 
the case requires; and in the mean time, allow me to renew the as- 
surances of my high consideration and respect. 

(Signed) LUIS DE ONIS, 

Mr. John Quincy Adams, &?c. &c. &?c, 
Washington^ 6th December, 1817* 



No. 3, 
(Translation.) 

The same to the same* 

SIR, 

Although I have but just arrived at the Federal City, as you know, 
I would riot have lost an instant, after assembling the principal papers 
' and documents, relating to the differences pending between his ca- 
tholic majesty's government, and that of the United States, in resu- 
ming and v continuing with you, to a definitive conclusion, the negotia- 
tion, which, by fortuitous causes, was suspended in the beginning of 






14 [155] 

the present year, if I had not hoped to give you time for being so 
far disengaged, as to be able to devote to these important concerns, 
all the attention they require. But I ought no longer to defer on 
my part, the necessary steps to open communications of such high 
interest, and consequently to proceed with you to the settlement and 
amicable arrangement of all the points in dispute between the two 
governments. 

You will doubtless have been convinced of the impossibility in 
which I was placed, of commencing this negotiation last winter, by 
reason of my not being furnished with instructions suitable to the 
new character which ulterior circumstances had given to it, and my 
not having then received from my government such as extended to 
this case. I despatched the secretary of this legation to Madrid to 
lay this deficiency before my sovereign, and the difficulty under 
which it placed me, of entering into a negotiation which might effec- 
tually restore the most perfect harmony between the two powers, by 
putting an end to all disputes by means of a solemn transaction, 
which being founded on the principles of mutual justice, and com- 
bined in good faith with those of reciprocal utility and convenience, 
might be completely satisfactory to both governments and both na- 
tions. His majesty is filled with the greatest concern, on seeing that 
fey this unexpected accident, the negotiation was delayed, notwith- 
standing his most sincere and decided wishes to conclude it, and 
strengthen his friendship and good understanding with the United 
States, as he had manifested from the moment of his restoration to 
the throne, gave immediate orders, that the necessary instructions 
should be communicated to me, for the execution of this sovereign 
trust in its fullest extent; and to omit no means, on his part, which 
might accelerate the desired epocha of this arrangement and defini- 
tive transaction; he, at the same time, caused to be proposed, by his 
principal secretary of state, to the minister of the United States at 
Madrid, a project for the said transaction; but it not having been 
admitted by that minister, who said that he was not authorized, to 
resume and terminate in Spain, the negotiation already transferred 
£o Washington, and committed to me; the aforesaid secretary of le- 
gation returned without loss of time, and brought me the suitable in- 
structions, accompanied with the positive orders of his majesty, that 
I should omit no means, as far as they might be compatible with jus* 
t'»ce, and the honor of his august character, to settle and terminate 
amicably all pending differences, and generously to satisfy the United 
States, in every thing which might depend on the free-will of his 
majesty. 

Such are the dispositions of the king my master, and such the 
orders which he has communicated to me, anxious as he is, to adjust 
ail differences with .he United States, and give them solemn proofs 
of his high esteem and sincere friendship. 



[1553 



15 



lam ready therefore to resume the negotiation, and to pursue it 
with you, in all the points embraced by it, until its final termination; 
and I shall be very happy, if doing so, I can satisfy all the desires and 
just hopes of the United States. 

In consequence, I request, sir, that you would.be pleased to in- 
form me, when you are ready to enter into this important negotia- 
tion, and when it will be agreeable to you, that we commence the 
preliminary conferences; or in case you should consider them unne- 
cessary, that we discuss the means of agreeing on, and fixing the most 
simple, expeditious and suitable mode of proceeding, with all pos- 
sible despatch, to the settlement and final adjustment of all the 
points in dispute. 

I await your answer to this note, animated by the most lively de- 
sire and the most flattering hopes, of terminating all disagreements 
and discontents between two nations, which by their mutual interests 
and the generosity of their sentiments, have always lived in perfect 
union and friendship, and ought to cement them more and more for 
their common happiness. 

In the mean while, I renew to y6u my respects, and pray God to 
preserve you many years. 

(Signed) LUIS DE QNIS, 

Washington , 10 th December 1817. 



(No. 4.) 

The Secretary of State to Bon Luis de Onis, 

Department of State , December 16, 1817* 

Don Lias de Onis, 

SIH, 

I have had the honor of receiving your letter of the tenth instant ? 
and shall be happy to receive you at the office of this Department die 
day after to-morrow, at one o'clock, to confer with you upon the sub* 
ject of it. I am instructed by the President, on this occasion, to as- 
sure you of the satisfaction with which he has learned, that you are fur-, 
nished with instructions from your government adequate to the ad- 
justment of all the differences between the two countries, and of the 
earnestness of his desire that the negotiation may terminate in an ar- 
rangement mutually satisfactory to both parties. 

I am, with very distinguished consideration, &c. 

(Si-g^ed) JOHN QUINCY ADAMS, 



U [155] 

No. 5. 

(Translation.) 

Don Luis de Onis to the Secretary of State, 

SIR, 

After I had informed you in my note of the 10th of this month, 
and confirmed the same in our conference on the 19th, of the frank 
and friendly dispositions of his catholic majesty's government towards 
that of the United States, of his sincere desire to settle and terminate 
the differences pending between the two governments, in a manner 
just and satisfactory to both, and the positive orders I had receivde, 
with suitable instructions to that effectj I also acquainted you, that 
the king, my master, being disposed to oblige the United States in 
whatever might be compatible with the rights and honor of the mo- 
narchy, and the dignity becoming his august character, would con- 
descend to cede the two Floridas to this republic, in consideration of 
an exchange or equivalent which might be useful or convenient to 
Spain. But as this exchange or equivalent must consist of a territory 
belonging to the United States, and which may offer invariable points* 
marked by nature, to fix the divisional line between the posessions 
of the Union and those of the crown of Spain, in a manner never to 
admit of doubt or controversy hereafter, his catholic majesty caused 
certain proposals for the said exchange or equivalent, to be made, 
through his principal secretary of state, to the minister of the United 
States at Madrid. They were decidedly declined by him, on the 
ground of their being inadmissible; and I was informed by you that 
they are so considered by your government, and that consequently 
it is necessary to have recourse to others, which may be admissible 
in the existing state of things. 

Although the proposals made by his majesty's principal secre- 
tary of state, to the minister of the United States at Madrid, were 
neither absolute nor invariable, it is easy to perceive that they are 
founded on the perfect conviction of his majesty as to the irrefraga- 
ble and notorious rights by virtue of which the crown of Spain has 
possessed both Floridas since she acquired them of England, and 
also the provinces and districts of country possessed by her to the 
westward of Louisiana, and which have ever been independent of, 
or absolutely unconnected with, and separate from, that province, 
without having ever passed, since their discovery, conquest and 
possession, under a foreign dominion. But, as the United States, 
since their acquisition of Louisiana, conceive they have a right to a 
greater extent of territory, both to the eastward and westward there- 
of, by setting on foot a dispute respecting the boundaries which sepa- 
rate them from the Spanish possessions, and pretending that they 
•ought to include part of those possessions, it is not strange that the 
exchange or equivalent proposed for the Floridas, did appear inad- 
missible. It has therefore become indispensably necessary to free 



[155] 



17 



this question of boundaries from all obscurity, and to adjust and esta-> 
blish the true points which divide, or ought to divide, the Spanish 
territories from those of this republic. Unless this inquiry and deli- 
beration be previously made, it is absolutely impossible to point out 
or judge of a just equivalent, which would be admissible and satis- 
factory to the two contracting parties, inasmuch as the requisite basis 
of a cession and its equivalent, i3 wanting; this basis, as is obvious, 
must be laid, in the valuation of the territory specified in the con* 
uact, which valuation must be preceded by establishing the territory 
belonging to Spain, and also that belonging to the United States. 

You cannot, therefore, but agree with me, sir, that it is abso* 
lutely necessary we should first settle the principal points relative to 
the question of boundaries, before we proceed to form and offer pro- 
posals for the cession of the Floridas, and for an equivalent to their 
value or estimation, or for the general and definitive settlement of 
all pending differences. Although this matter has already been the 
subject of negotiation at Aranjuez, it cannot be said, that the discus- 
sion should be considered as terminated or exhausted, or that th© 
American government, having then stated its positions and opinions 
on the snbject, it will not depart from them, although the opinions 
his Catholic majesty sustains, be different. It is unquestionable, that 
in the discussion entered into at Aranjuez, and early interrupted, not 
a single point or ground was touched on, on the part of the United 
States, that could serve as a support to their pretensions; and that 
on the part of Spain there were produced titles, dates, documents^ 
and arguments, incontestably proving, by abundant and irresistible 
evidence, the rights of the monarchy to the territory in question^ 
rights founded on property and immemorial possession, acknow- 
ledged by different powers, and never disputed by any. This ajFair 
is consequently not confined to points of opinion, on which each party 
may respectively maintain that which is best suited to them: it is 
reduced to unalterable truths, and positive and certain facts. I assure 
you, sir, in the name of my government, and the king, my master, 
solemnly promises it on the inviolability of his royal word, that the 
moment it shall be shown and proved, that any of the territories now 
in dispute, do not belong to the crown of Spain, and on the contrary, 
that they do belong to the United States, his majesty will, with the 
greatest pleasure, surrender to the disposal of the United States, such 
territory or territories as it shall be made to appear do not belong to 
the Spanish monarchy, and will, in good faith, acknowledge the right 
of the United States to the same. His majesty wishes for nothing 
that is not his own, or to which his cro-ivn has not a lawful right. I 
cannot but believe that the views of your government agree with 
those I have just stated, and that consequently we ought to lose no 
time, in immediately resuming the discussion commenced at Aran- 
juez, as to what relates to its principal points, and, by impartially 
examining the grounds established by both governments, and the 
arguments and proofs which they both have to produce anew, in sup« 
£9rt of their rights or pretensions, acknowledge frankly and wftjk 
3 



18 [155] 

good faith, what belongs lawfully to Spain, and what belongs law- 
fully to the United States. Guided by the certain principles of rea- 
son and mutual justice, it will be e^asy for us, by means of this inves- 
tigation, to form a settled opinion, aad come to a just result as to the 
boundaries which do or ought to separate Louisiana from the Spanish 
possessions, and thus terminate this dispute. That, which is con- 
nected with the question of losses and injuries, is still more simple 
and easy to arrange, as you admitted, when we conversed on that 
point in our late conference; and it will therefore prove no obstacle 
to our agreeing on the cession desired by the United States, and pro- 
ceeding to it by means of a final settlement of all pending differences, 
which may at the same time embrace whatever may be stipulated by 
this particular agreement. 

You may perceive, sir, that the mode I propose, is the most 
simple, just and proper for accomplishing the negotiation to be en- 
tered upon, and is that which was adopted by Mr. Erving, the min- 
ister of the United States, in his note of the 26th of August, 1816, 
in which he informed his majesty's government, that he was ready 
to enter into a full and frank discussion of all the points in dispute, 
and pledged himself thereto. As nothing further has since been done 
on the part of Spain, than to transfer the negotiation to Washington, 
the same reasons subsist which then dictated the incontestable pro- 
priety and necessity of resuming the discussion; reasons, of which 
you are doubtless fully convinced, as they are not to be combatted 
by any explanations, when examined with good faith, because they 
are self-evident, and identified with the soundest principles of jus- 
tice. 

As in consideration of these reasons and principles, I hope you will 
have no objection to agree to a succinct examination of the question of 
boundaries, and to a rational and fair inquiry into the titles and grounds 
on which each government rests its rights and pretensions. The na- 
tural order seems to require that we should begin this examination 
and inquiry with what relates to the eastern boundaries of Louisiana; 
that, after establishing them as they ought to be, we may proceed to 
examine and establish, in like manner, those which regard the west- 
ern; itbeing, nevertheless, well understood, that neither by this act, 
nor any one whatever of those which contribute to produce the pres- 
ent negotiation, it shall be inferred, that his catholic majesty renoun- 
ces, in any manner, the right he has, or may have, to reclaim against 
the non-fulfilment of the treaty of St. Ildephonso, concluded between 
Spain and France in the year 1800, and against the solemn stipulations 
contained in the additional articles of the same treaty, forming an es- 
sential part of the contract between the two nations. 

The boundaries of Louisiana, on that side, join those of West 
Florida, and are so precisely established and fixed by public treaties, 
that I do net think your government can still persist in the opinion 
that Louisiana ought to be extended, by this Spanish province, to the 
river Perdido. If, however, the imagination, resorting to specious^ 



[155] 



!*■ 



subtleties and abstractions, carries us back to the period when France 
formed settlements on the left of the Mississippi, and possessed what 
are now two distinct provinces, namely, Louisiana and West Florida, 
still the certain and incontestable fact will follow, that Spain acquired 
neither of the Floridas from France. That power, while in possess- 
ion of those territories, as she was until 1763, might name them and 
point out their respective limits as she thought fit. That is quite un- 
important to the present question. It is certain, that by the treaty of 
1763, France ceded to England all the territory possessed by her to 
the eastward of the Mississippi, with the exception of the island of 
Orleans; and it is also certain, that England united, as her own, from 
that year, the same territory to Florida, which, by the same treaty, 
Spain had ceded to her; and that, having added thereto the district 
and port of Pensacola, she called it West Florida, by which name v 
and no other, it has ever since been known. In the war of 1779, 
Spain conquered the said territory of West Florida from England; 
and this right of conquest was afterwards secured by a solemn treaty, 
between England aad Spain, in September, 1783. It is by this title 
that West Florida belongs, until the present day, to Spain, in addition 
to East Florida, which was also ceded by the said treaty It is evi- 
dent then, that Spain neither acquired or received from France either 
of the Floridas, but that she acquired them both of England, in 1783, 
classed as two distinct provinces, and universally known by the names 
of West Florida and East Florida. She has, from that period, pos- 
sessed them separate and distinct, without having ever confounded 
either of them with Louisiana, either in whole or in part. They are 
laid down distinct and separate, in the maps, charts, and geographies 
of ail nations, from the year 1763, to the present day. In all the pub- 
lic acts and instruments which speak of them, they appear distinct 
and separate, as they do in the different treaties in which they are 
mentioned. 

This being the case, how can your government still maintain its 
opinion? The United States acquired Louisiana from France, such 
as she had acquired it from Spain by the treaty of St. Ildephonso. In 
this treaty nothing is stipulated but the retro-cession of Louisiana; 
nor is there a single word in the whole treaty that bears the most dis- 
tant allusion to West Florida, which is the object to which the dispute 
is reduced in that quarter. The clauses of the treaty are clear,, pre- 
cise, and conclusive; they fix the sense of the stipulation invariably, 
and leave no room for vague or specious constructions. The very ti- 
tle given to that treaty by the contracting parties, at once pointed out 
the territory restored by Spain to France, in exchange for the king- 
dom of Etruria. The title says, u Retro-cession of Louisiana;" and 
the word u retrocession" has not, nor ever had, any other significa- 
tion, in the Spanish or French language, than the act of restoring to 
an individual, or a nation, that which had before been received from 
.him, or from it; so that a different signification cannot be given to this 
word (adopted by the contracting parties to express the nature of 



20 [155] 

their stipulation) without changing the proper and genuine accepta- 
tion, in both languages, of the definite term they have respectively 
employed, and without substantially changing the intentions which 
serve as the basis of the contract. 

The three clauses by which they afterwards go on to fulfil this 
convention, agree perfectly with the said title, and by supporting and 
explaining each other, they fix it in a clear and precise manner. The 
first clause says: u That his catholic majesty restores Louisiana to 
France, with the same extent it had when possessed by Spain." It is 
well known that no part of the Floridas, or other Spanish possessions, 
was then included in Louisiana, or annexed to it. At that time Lou- 
isiana was, in the hands of Spain, precisely what it was when ceded 
by France, in virtue of the treaty of 1^64. In the same treaty its 
eastern boundaries are marked by a line running eastward from Man- 
chac point, thence following the course of the river Iberville, and di- 
viding the lakes Borgne, Pontchartrain, and Maurepas, and finally ter- 
minating at the Gulf of Mexico, without leaving the smallest doubt 
as to the true points of the frontier This is the territory which Spain 
retro-ceded to France, because it is the only one which she possessed 
under the name of Louisiana. The second clause agrees with the 
first, and opportunely declares and fixes its import,— It says: " and 
with the same extent it had when possessed by France," expressions, 
which necessarily refer to the period of time which intervened be- 
tween the cessi'-n, by Fiance to England, ot the territory possessed by 
her on the left bank of the Mississippi, and the cession made by the 
same power to Spain, of Louisiana. As the first of these two cessions 
took place in the year 1765, and the second in 1764, it is evident, that, 
during that interval. France possessed Louisiana in the manner stat- 
ed; and with the same extent did she cede it to Spain, nor could she 
cede it with more? as she then possessed nothing more in that part of 
the American continent. 

If a different meaning be given to this clause, by supposing that 
the contracting parties allude in it, to a former period, when France 
possessed Lousiana jointly with the territory ceded by her to En- 
gland in 1763, it would place this clause in absolute contradiction 
with the title, and with the first clause of the treaty of Retro-cession, 
because, Louisiana not having, prior to the year 1763, while in the 
hands of France, the same extent it had when in the hands of Spain 
at the time of the. treaty of 1800, nor<he same that it had when ceded 
b) France to Spain, in 176*, it follows, that the second clause would 
be absurd and unmeaning, if it alluded to a period of time anterior to 
1763. ft would be absurd and unmeaning, because, having no other 
object than to explain and determine more circumstantially the first 
clause, which is the fundamental one of the treaty, and that which go* 
verns the other, it would express a thing which could in no wise 
agree with the stipulations contained in it; since, by giving greater 
force to the import of ttu second clause, that which is considered the 
fundamental basis of the first, would be rendered false and erro, 
neoxrs.. |c would be absolutely contradictory to the express objert 



[155] 



31 



and intent of the treaty, since Spain not having received Lousiana 
from Frcnce with the extent in which she possessed it prior to the 
year 1763, but with that which it had when it was ceded in 1764, the 
retro-session, which as I have just said, is the express object and in- 
tent of the treaty, could not take place. Spain could only cede back 
to France what she had received from her; nor could see, moreover, 
add to the retro-cession any other particular territory of her domi- 
nions, without expressing or mentioning it. Louisiana was ceded 
back to France, such as it was received from her, and as she pos- 
sessed it in 1800, and had possessed it since she had acquired it. In 
fact, if Lousiana, while in the hands of Spain, included no part of 
West Florida, and if Spain had received no part thereof or of the 
other Florida, from France, how could she cede it back to France, or 
cede it without naming it, or saying a single word which could allude 
to this idea? Let us therefore agree, that it is impossible to give an 
arbitrary construction to the second clause of the treaty of St. Ilde- 
phonso, or any other than that which it has and ought to have, in 
connexion with the first clause, and with the title and the express 
object of that instrument. You cannot but be fully convinced, Sir, of 
this truth; and on proceeding to the examination of the third clause, 
you will find what I have just stated still more comprehensively and 
clearly demonstrated. This clause says, "and as it ought to be after 
the treaties concluded between Spain and other powers." The only 
treatises to which this clause could refer, were the following: 

1. That of 1764, by which France ceded Louisiana to Spain. In 
this treaty the eastern boundaries of Louisiana are marked by the 
course of the Mississippi, and next by the river Iberville, the lakes 
Borgne, Pontchartrain, and Maurepas. It was consequently proper 
here to recah what was set forth in this treaty. 2. That of 1783, 
between Spain and England, by which the latter confirmed to Spain, 
the possession and property of YVVst Florida, which she had conquered 
during the war, and ceded to her East Florida. It is a very fit moment 
to recall the inviolability of this treaty, since it is evident from it, 
that the Floridas are two provinces independent of Louisiana, abso- 
lutely unconnected with, and distinct from it; and that they came 
into the possession of Spain by very different titles, in consideration 
of which, one thing cannot be confounded with another. And the 
3d is that of 1795, concluded between Spain and the United States, 
As in this treaty the frontiers between the United States and the 
Spanish possessions are described, and the Fioridas are named as 
provinces notoriously unconnected with and distinct from Louisiana^ 
as by it the dismemberment of Natchez, Nogales, &c, was effected* 
and as it is therein stipulated, that the navigation of the Mississippi 
shall be free to the Americans and the Spaniards, and a place granted 
in favor of the former for their commodities on the banks of the Mis? 
sissippi, for which purpose l^cw Orleans was designated for the term 
&! tbxee yearsj it was conseqentiy thought proper to refer to this 



22 [155] 

>reaty, and show that.it, as well as those of 176i and 1783, is, and 
ought to be, in full force and effect. 

You will perceive, sir, that the three clauses stipulating the re- 
tro-cession of Louisiana to France, cannot be more conclusive; that 
they are properly connected with and support each other, by declar- 
ing and explaining the intentions of the contracting parties, and the 
precise nature and extent of their contract; so that it is impossible to 
give another interpretation to any of the said clauses, as that would 
place them in contradiction with each other; and would, moreover, 
obscure the evident truth of facts, and involve a monstrous violation 
of public treaties, without excepting that of 1778, between France and 
the United States. You doubtless bear in mind, sir, that by the 6th 
article of that treaty, France solemnly engages never to acquire West 
Florida, or any portion of the territory ceded by her to England, in 
1763. How then could she, in 1S00, acquire West Florida or any 
part of it, even although the treaty of St. Ildephonso were not speci- 
fically and solely confined to the retro-cession of Louisiana, such as 
it was at that time, and as it had been since 1764? The understanding 
rejects all doubt on points so clear and evident. By the treaty of St. 
Ildephonso, France herself only received Louisiana, such as it was 
in the hands of Spain, and as it was after its cession by France; it is 
well known that it is the act of delivery which completes the contract. 
France was satisfied with what was delivered to her, and neither 
claimed nor pretended to any thing more. Would the French govern- 
ment, under Napoleon, have failed to claim this additional territory, 
if, in that treaty, there had been found a single word of which it could 
avail itself, or the smallest pretext for making the claim? Certainly 
not. France knew perfectly well that Louisiana did not comprehend 
a greater extent of territory, and that all was delivered that belonged 
to her at the time the contract was made. 

The French government itself, after the dispute arose between 
the United States and Spain, which is now pending, declared in two 
official notes, u that the eastern boundaries of Louisiana are pointed 
out by the course of the Mississippi, and by the river Iberville, and 
the lakes Pontchartrain and Maurepas; that Spain has ceded back 
nothing more to France, nor had the latter a right to pretend to more; 
and, that having substituted the United States in her rights, they 
could pretend to nothing more in virtue of the cession, or sale made 
-to them of Louisiana.' 5 

u The ±2ih of Fructedor, 12th year." 

'' The eastern boundaries of Louisiana are pointed out by the 
course: of the Mississippi, and afterwards by the river Iberville, the 
lakes Pontchartrain, and Maurepas. This is the line of demarkation 
which bounds the territory ceded by Spain to France, by the treaty 
pf Jthe 50th of Ventpse, Sfth year. Nothing beyond this limit would 
have been asked for by France, and as she did nothing more than sub- 



[155] 



23 



siitute the United' States in the rights which she had acquired, they 
cannot require *)f Spain a more extensive cession, unless such cession 
be negotiated and stipulated between them and Spain by some further 
cbnvention." 

" The 5th of Germinal, 15th year." 

u This question could not become the subject of a serious dis- 
cussion between Spain and the United States, except the conditions of 
the treaties of cession, which have successively transferred Louisiana 
to France and the Americans, were lost sight of." 

*• Spain could only cede back to France the territory she had 
received from her: the rights of France were afterwards transferred 
to the United States, and they were so only to the same extent." 

If, notwithstanding this full and irresistible demonstration, you 
should be of opinion, Sir, that it is still necessary to clear up this- 
point, let us have recourse to France, that she may afford all the ex- 
planations that are judged to be necessary or useful, since nothing is 
more proper than that she and Spain should know to what the treaty 
concluded at St. Ildephonso is reduced, and they alone are competent 
to clear up any doubts that may have arisen as to the import of the 
expressions employed in the said treaty. It is unquestionable that it 
agrees with the principle generally acknowledged, that when a law or 
treaty offers any doubt, from the obscurity or ambiguity of the words 
contained in it, the party which made the law or the treaty, is the one 
which should explain the meaning of such words, and remove the 
doubt which has occurred. 

I would now proceed to declare what are, or ought to be, the 
western boundaries of Louisiana, and what are those which separate, 
or ought to separate it from the Spanish possessions, should I not ap- 
prehend to make this note too diffuse. Reserving myself, therefore, 
to discuss this point in a separate note, I now recall to your considera- 
tion the chief grounds and arguments on which Spain founds her ex- 
clusive right to the whole extent of West Florida, in order that when 
we are agreed upon this point, we may proceed to a like examination 
and deliberation on the western boundaries of Louisiana. 

But although this is the order pointed out by reason and justice 
in the actual state of the pending differences, nevertheless, that we 
may judge, upon the most exact information, of the grounds and ar- 
guments of each government respectively, and after agreeing on what 
belongs to Spain and what belongs to the United States, we may be 
enabled to lay the basis of a general and final settlement of all differ- 
ences; if you should think that there can be a more expeditious mode 
of settling and terminating them, without prejudicing the inviolable 
rights of the crown of Spain, and ota principles of reciprocal utility and 
convenience, you may communicate your ideas thereon to me, with 
the certainty that it is the earnest wish of his catholic majesty that this 
negociation may be amicably terminated, for which purpose he has 



*4 [1551 



and I again assure you, 



given me decisive orders and instructions ; 
Sir, that I shall think mvself very happy, if in this negociation 1 can 
satisfy all the just desires and hopes of the United States, for which 
I shall omit nothing that is in my power, or may be compatible with 
the rights and honor of his Majesty's crown. 

1 renew to you, Sir, the assurances of my respects, and I pray 
God to preserve you many years. 

(Signed) LUIS DE ONIS. 

Washington, 9,9th December, 1817. 



No. 6. 

(Translation.) 
The same to the same. 

SIR, 

In my note of the 25th of last month, I proved to yon, to a de- 
gree of moral demonstration, which I think to be fully convincing, 
what are and ought to be the eastern boundaries of Louisiana; and I 
hope such incontrovertible, decisive reasons, cannot fail to bring you 
fairly to acknowledge, that Louisiana neither does, nor can, include 
any part of West Florida. As I have not y«t received your answer 
to the said note, it was my intention to wait for it, and not proceed 
to the examination of the second point of the question of bounda- 
ries, before we had agreed on and settled what relates to the first, in 
order to proceed methodically, and not to involve or embarrass the 
plain and expeditious course of this investigation; but being desirous 
of not losing an instant in explaining every point relative to so im» 
portant a matter, I anticipate the examination of the western bound- 
aries of Louisiana, which is the second point of the question, there- 
by facilitating whatever may claim your attention as to both, in their 
respective order, and enabling you to comprehend the truth at once. 

I might contend, that the United States, having received the 
province ot Louisiana from France with no greater extent than it had 
when France received it from Spain in 1800, and when Spain ac. 
quired it from France in 1764, that and no other ought to be the ex- 
tent which properly belongs to it, without the necessity of recurring 
to any other reasons or grounds than those resulting from the treaty 
pf St. lldephonso; since Spain having ceded back to France in 1&00 
only what she had received from her in 176i ? being that which 



[155] 



25 



France sold to the United States, it is easy to investigate and esta- 
blish what were, and in all that period continued to be, the proper 
extent and limits of Louisiana; but I am willing to admit, that 
France did substitute the United States in all the rights or preten- 
sions she had or could have, at another period, as to what regards 
the western boundaries of that colony when hcs, although nothing 
to that effect is expressed or insinuated in the treaty between France 
and the United States, by which the latter acquired it; and that the 
contrary is evidently to be inferred from the fact, that France insert- 
ed, word for word, in this treaty, the conclusive clauses of that of 
St. Ildephonso, which speak simply and precisely of the retrocession 
of Louisiana. I admit (to go on to a more copious and irresistible 
demonstration) that the United States have succeeded to all the rights 
which France may have had at another period; and I call your atten- 
tion, sir, to the following observations, before I enter on the exami- 
nation of the data or grounds on which the United States rest their 
claims of extending, in that quarter, the boundaries of Louisiana to 
the Rio Bravo del Norte. 

It is well known, that for ages before France thought of forming 
establishments on the Mississippi, and therefore long before she had 
made any in Canada, the crown of Spain possessed the whole terri- 
tory around the Gulf of Mexico, from the peninsula of Yucatan to 
the southern cape of Florida. If the eastern part of the said Gulf, 
as far as Panuco, the whole of which was then known under the ex- 
tensive (generico) name of Florida, was not actually peopled by 
Spaniards, it is notorious and indubitable, that it was discovered by 
them as early as the year 1514, under the expedition of Juan Ponce 
de Leon; thr/. all the coast, from the present Florida to Panuco, was 
explored by Francisco de Garay in 1518*, and also by Hernando de 
Soto, and continually by other Spanish commanders until 1561 when 
it was explored and described by Angel de Villafane, and Jorge Ce- 
ron; said discoveries and description having been made in pursuance 
of a royal order issued for that purpose, papers of that description 
being still extant; and it was confirmed that from those remote pe- 
riods, Spain was established as the mistress and possessor of all that 
coast and territory; and that she never permitted foreigners to enter 
the gulf of Mexico, nor any of the territories lying around it, having 
repeated the royal orders by which she then enforced the said pro- 
hibition, and charged the Spanish viceroys and governors with the 
most strict observance of the same. 

The right and dominion of the crown of Spain to the north west 
coast of America, as high up as the Californias, is not less certain and 
indisputable, the Spaniards having explored it as far as the 47th de- 
gree, in the expedition under Juan de Fuca in 1592, and in that under 
the admiral Fonte, to the 55th degree, in 1640. 

The dominion of Spain, in these vast regions, being thus estab- 
lished, and her rights of discovery, conquest, and possession being 
never disputed, she could scarcely possess a property founded on more 
respectable principles, whether of the law of nations, of public law* 
4 



36 [155] 

or any others which serve as a basis to such acquisitions as all the in- 
dependent kingdoms and states of the earth consist of. 

Confining ourselves at present to the Mexican Gulf, and to the 
Spanish provinces situated to the westward of Louisiana, we shall see 
in what manner Spain extended her population and founded settle- 
ments in different points of the vast territory of which she was the 
mistress and possessor, in this part of the new world. All the coun- 
try extending from the Rio de las Palmas to the confines of Panuco, 
in latitude 48 degrees, was then included under the name of Florida, 
and crossed the Mississippi. From the time of the expeditions un- 
dertaken to explore it, in 1512 by Juan Ponce, in 1525 by Vasquez 
de Ayllon, in 1527 by Panfilo de Narvaez, and in 1538 by Hernando 
de Soto, the Spaniards were incessantly engaged in advancing their dis 
coveries and settlements in this extensive country, not only in the time 
of Luis Moscoso, and of Pedro Melendez, between the years 1542 
and 1545, but they were constantly so in the time of all their success- 
ors. At the time of their first expeditions they landed in the bays of 
Santa Rosa and Espiritu Santo, or St. Bernardo, surveyed the whole 
coast, and crossed the Mississippi. They penetrated into the coun- 
tries of Hirrhigua, Moscoso, Umbaracuxi, Aurera, Ocali, Apalache, 
Altapalia, Cofa, Mobile, Chasquin, Guigate, Uhangue, Guachoya, 
and others, which it would be tedious to enumerate. The same Her- 
nando de Soto, after having in person surveyed the coast and interior 
of the country, crossed the Mississippi, and penetrated as far as the 
Rio Negro, in 1542, died at Guachoya. 

No European nation had yet attempted to disturb the Spaniards 
in their possessions in the new world; none had trod on any point of 
those territories, and the Spaniards continued extending their estab- 
lishments, as the only nation which had acquired the possession and 
the property of that part of the American continent and islands. 
They gave rise to the new kingdoms of Leon and Santandi'r, in the 
year 1595, and to the province of Cchaquila in 1600. They founded 
that of Texas in 1690, establishing missions, hamlets, and posts, under 
the name of Presidios, such as those of Bahia del Refugio, St. Anto- 
nio, Espiritu Santo, St. Juan, Nacogdoches, Ayeses, and San Miguel 
de los Adaes, a short distance from the Rio Roxo (Red river,) ex- 
tending themselves to the banks of that river. 

Long before, they had established themselves in New Mexico, 
where they built the capitol of Santa Fe, in 39 degrees north latitude, 
and opened and worked mines in its neighborhood. From thence 
they spread themselves wide of the rivers that empty from north 
to south into the Missouri, communicating and trading with the In- 
dian nations; so that from that time Spain considered all the territory 
lying to the east and north ol New Mexico, as far as the Mississippi 
and Missouri, as her property. These dominions and settlements of 
the crown of Sp:un were connected with those which she had on the 
Gulf of Mexico thac is to say, with those of Florida and the coasts of 
the province of Texas, which, being on the same gulf, must be acknow- 



[155] 



27 



ledged to belong to Spain, since the whole circumference of the gulf 
was her's, which property, incontestable acquired, she had constantly- 
maintained among her possessions, not because she occupied it 
throughout its whole extent, which was impossible, but on the princi- 
ple generally recognized, that the property of a lake or narrow sea, 
and that of a country, however extensive, provided no other power 
is already established in the interior, is acquired by the occupation of 
its principal points. 

These premises being established, and not to be shaken, as they 
are all supposed by history, ancient monuments, tradition, and irrefra- 
gable documents, let us proceed to examine for their origin, the 
grounds on which your government maintains its pretensions. 

As early as the commencement of the seventeenth century, 
France and England began to form expeditions in imitation of the 
Spaniards, and to discover points for settlements in that part of Ame- 
rica. The French expeditions penetrated into Canada by the river 
St. Lawrence, and those of the English were directed to different 
parts of the coast on the Atlantic. Hence originated the basis on 
which the two nations afterwards founded and extended their respec- 
tive settlements. I shall now only speak of those made by the French, 
as they serve as a support to the actual pretensions of the United 
States. Francis Ribaut, an adventurer of that nation, had already 
penetrated into Florida with some followers, towards the end of the 
sixteenth century, and built the fort called Charles Le Fort; but this 
rash enterprize on the territory of the crown of Spain, was immediate- 
ly overthrown and dissipated, the Spanish governor, Pedro Melendez, 
having attacked and taken the fort, and made prisoners of Ribaut and 
all his people. Mention is likewise made by some writers, of another 
Frenchman, called Rene de Laudonniere, who is said to have landed 
from the squadron of admiral Coligny, on the coast of Florida, in the 
year 1564, and built a fort which he named Carolin, about the spot 
where Pensacola now stands; but the same writers add, that the 
Spaniards immediately attacked the French, put them to death, and 
razed the fort or redoubt, they had built. Others say, that it was on 
that same fort, that the Spaniards afterwards built the fortress of St. 
Augustin. So vague and so uncertain is the information respecting 
these particular adventurers. The story related of a Recollet friar, 
called Father Hennipin, is still more ridiculous, who is said to have 
been made a prisoner by the Indians, at the time they were at war 
with the French of Canada, and taken to the Illinois, whence he was 
occupied in exploring the country as far as the banks of the River St. 
Louis or Mississippi, of which he took possession in the name of 
Louis the fourteenth, and gave it the name of Louisiana, (doubtless 
in his secret thoughts and by a mere mental act). It is added, that 
this friar escaped from the Illinois, and returned to Canada, where 
he related all he had seen, and afterwards published it in France 
more circumstantially in a memoir, which he dedicated to the cel» 
ebrated Colbert. These accounts and others of the like nature 



28 [155J 

are contemptible in themselves, even though the facts they re- 
late, were authentic, since nothing can be inferred from them, that 
can favor the idea started by those who speak of these transient ad- 
venturers and incursions. 

Let us see what importance can be attacked to what is said of 
Bernard de la Salle, who in 1679, descended from Canada to the 
Mississippi, and there built Fort C> evecoeur, according to M. du Pratz, 
or Fort Prudhomme, according to others. What is certain, amounts 
to this, that he only made a rapid incursion from Canada to the Mis- 
sissippi, as anv other adventurer might do, crossing the territories 
of another nation; that he returned to Quebec without any further 
result, than that (fan imperfect exploration of the country; and that 
he embarked a* Quebec for France, from whence he returned in 1684 
with dn expedition composed of four vessels, commanded by captain 
Beaujeu, to explore the mouth of the Mississippi. This expedition 
entered the Gull' of Mexico, on the 12th of December, of the follow- 
ing year. La Salle being deceived in his reckoning by the currents 
of the Gulf, could not find the mouth of the river, and being over- 
taken by a storm on the coast of the province of Texas, he was 
obliged to take shelter in the bay of St. Bernard. Two of his ves- 
sels were captured by the Spanish cruizers, another was lost in the 
bav, and Beaujeu returned to France in the only one that escaped; 
La Salle having landed with some per pie and ten pieces of artillery, 
then built a small fart as a protection against the Indians, and was 
obliged to change his ground three different times; notwithstanding 
which, the Ciancoates Indians inhabi ing the adjoining country, forced 
him to abandon the fort, and to retreat by the Rio de la Trinidad 
(Trinity River), While on this retreat, he formed a project of pene- 
trating into the interior of the country, to see if he could discover 
the fabulous mines of Santa Barbara; but he was assassinated on his 
route by his own people; and such was the result of the famous French 
expedition, so much talked of. The Indians fell immediately on 
Fort St. Louis, and massacred the small garrison left by La Salle. 
The remainder of the French who accompanied him, shared the same 
fate; being dispersed in different directions alter the fail of their 
chief, they perished by the hands of the Indians. 

In the mean time news of this incursion having reached Mexico, 
the viceroy, fearful of a repetition of similar attempts, held a coun- 
cil of war to deliberate on the affair, in obedience to the royal order 
issued by Philip II enjoining the extermination of all foreigners who 
would dare to penetrate into the Gulf of Mexico. An expedition was 
then resolved on, to be formed at Cohaquila, under the command of 
Alonzo de Leon, to scour the country and hunt out the French, if 
any were still remaining. Having set out with the necessary force, 
he arrived on the 22d of April, 1689, at the place where La Salle had 
built Fort St. Louis, and on the 2ith, at the entrance of the bay, 
where he fell in with the remains of the French vessel that had been 
wrecked. Having heard in his march that some of La Salle's com- 



[155] 



29 



panions were still wandering about the country, or had taken refuge 
with the Indians, he shaped his course towards the nation of the Asi- 
mais, and was received by them with marks of friendship and respect; 
he, however, found no traces of the French, as no more of them were 
in existence. 

Alonzo de Leon treated the Asimais with the greatest kindness, 
and called them Texas, which in their language signifies "friends." 
On the 22dof May, of the same year, he wrote to the viceroy, in- 
forming him, that there existed neither French nor any other foreign- 
ers in the whole country; that the Texas Indians possessed great at- 
tachment and good will to the Spaniards ; and that it would be very 
proper to establish missions and garrisons throughout that country to 
prevent any future attempt or incursion of foreigners, and to pre- 
serve the conquest. This subject having been deliberated on in 
Mexico, the mission of St. Francisco de Texas was founded in 1690, 
after that nation had voluntarily submitted to the crown of Spain. 
The viceroy of Mexico continued to take effectual measures for 
protecting the country and preventing the intrusion of any French ad- 
venturers. The court of Spain, on being informed of what had pass- 
ed, renewed rigorous orders to the same effect, and also gave direc- 
tions for the instruction and government of the Indians. Such were 
the objects of the expedition under Don Domingo de Teran, and of 
that which was effected under the command of Don Gregoris Salinas, 
in May 1693. Since that period the province of Texas has continued 
in perfect tranquillity under the Spanish government, and no further 
attempts were made by the French to penetrate into any part of it. 

You see, Sir, that the excursion of La Salle can give France no 
rights to that province, which had long before been acknowledged to 
be, and was incorporated in the Spanish dominions. Such an ex- 
cursion was in fact nothing more than the rash attempt of a foreign- 
er to explore part of the territories of another nation, and is not sub- 
stantially different from that made by Mr. Le Vaillant in the country 
of the Caffres to the North East of the Cape of Good Hope; by which 
however, France acquired no right to that part of the Dutch posses- 
sions, although they were still desert when the said Le Vaillant ex- 
plored them. What territories are there in the world, especially in 
extensive dominions, still new and thinly peopled, in which excur- 
sions of that nature have not been made by individuals of foreign 
countries, sometimes of neighbouring nations, which is the most com- 
mon, and sometimes of those which, although at a distance, actuated 
either by curiosity or ambition, undertake to explore unknown coun- 
tries, inhabited by other people and governed by other powers? 

Nor can I refrain from recalling here what has been written and 
thoroughly investigated, touching the pretended settlement of the 
French in the Illinois and Arkansas. 

Whether th y were some of the individuals of La Salle's expe- 
dition, who had survived it, as Mr Du Fratz has it, or whether they 
were other adventurers from Canada, it seems beyond a doubt, that 



30 [155] 

some Frenchmen did penetrate as far as the Arkansas, towards the 
end of the seventeenth century y or the beginning of the eighteenth, 
on which point, however, the records of that period do not exactly 
agree. Enterprising people from Canada, both Frenchmen and na- 
tives, communicated with the Indian tribes, and penetrated far into 
the interior to purchase cattle, and for other purposes of traffic. Some 
of them, therefore, fixed themselves at the post of Arkansas, not as 
settlers, but as agents, to carry on the trade between Canada and the 
natives of this district. The same took place at the post of the Illi- 
nois, long before the first foundation of the French colony of Louisi- 
ana was thought of. 

Father Marquez, a Jesuit, had penetrated in 1671, as a mission- 
ary, into the Indian nation called Saulteux, as far as Chagwani- 
gung, on lake Superior; and in the year following one Saliet, with a 
view to explore the Mississippi, proceeded from Canada to Chag- 
wanigung Point. After joining father Marquez, they both advanced 
and succeeded in penetrating to that river by the Ouisconsin. They 
met with a considerable population in the country of the Illinois, at 
the mouth of the river Moingora; and after promising to visit them 
on their return, they suggested to those Indians the idea of entering 
the country by the river since called the Illinois; and the Indians did 
so and settled in a district known by the name of the Great Rock, or 
Great Penasco, about five leagues higher up than the mouth of the 
river. Soliet and father Marquez could descend the Mississippi no 
farther than the Arkansas, and on their return from their excursion, 
they found the Illinois encamped at the Great Penasco. Soliet con- 
tinued his retreat; and father Marquez determined to remain with 
these Indians, to instruct them in the principles of the Christian faith. 
In this attempt he was succeeded by other missionaries, who after- 
wards proceeded to found a church there, sufficiently regular, com- 
posed of Illinois and Canadians who had met and united with each 
other: these people were noways subject to the French government; 
but lived independent, in the manner of several Indian nations bor- 
dering on the United States. Several other Indians of the Miami 
and Shawanoe tribes came and settled themselves near the Big Rock, 
or Great Penasco; but they disagreed, and soon after dispersed. A 
party of the Illinois went down the river and settled at Cahokia, on 
the left bank of the Mississippi, fifteen or sixteen miles below the 
mouth of the Illinois. Other missionaries followed them; and thus 
went on this kind of colony, informal or wandering, but always in- 
dependent of and unconnected with the French of Canada. 

Let us now speak of the settlement of the French in the coun- 
try called by them Lousiana. The first spot occupied by them in 
this country, was the bay of Biloxi, about thirty leagues to the east- 
ward of the Mississippi, in the year 1699; or more strictly speaking 
in 1700; and Mobile, a little farther eastward, where they established 
themselves, was during two and twenty years, the capital of their 
new colony. From that time they observed the greatest caution in 
the settlements they formed on the banks of the Mississippi. Se- 



[ISO 



31 



venteen years had passed since the foundatiou of their colony, when 
they ventured to raise some huts on the left bank of that river; and 
this was on the spot now occupied by New Orleans, which five years 
afterwards became the capital of the colony, when the intimate rela- 
tions betwteen France and Spain, not only by virtue of the family 
compact, but more particularly by the elevation of Philip the 5th to 
the throne of Spain, favored the toleration of a dexterous encroach- 
ment on a territory, which was acknowledged to belong to that mo- 
narchy. In 1722, the French succeeded in fixing some German fa- 
milies on the right bank of the river, opposite to the settlements 
which they already had above and below the new city of Orleans, 
They afterwards settled some Acadians a little higher up, and finally, 
some others at Point Coupe. But the whole limits of these cotta- 
ges or settlements did not extend to more than fifteen or twenty acres 
of land upon the front of the river, so that the French seeing a 
want of cattle, and feeling the necessity of establishing herds to keep 
up a supply, turned their views to the extensive and fertile prairies 
of Atacapas; and the governor of Louisiana thereupon applied to 
the commandant of the interior provinces of Mexico, for permission 
to establish some herds only, which was frankly granted to him by 
the Spanish commandant. In fact, they had nothing more than cat- 
tle establishments in Atacapas and Opelousas, when the colony was 
transferred to Spain in 1764. They had never gone farther; and it is 
to the Spaniards that the colony is indebted for the extensive popula- 
tion and cultivation of that part of the territory afterwards ceded 
back to France and transferred by her to the United States; as was 
also the case in the settlements of La Fourche, Avayeiles, the Ka- 
pides and Ouachita, which did not previously exist, but were formed 
by the Spaniards within the proper limits of the monarchy, 

From hence, you will clearly see, sir, that so far from Spain 
having retained any point belonging to French Louisiana, when she 
ceded it back by the treaty of St. Ildephonso, she left incorporated 
with it, many points, settlements, and territories, which, in truth, did 
not belong, nor ever had belonged to the said colony. 

It would be too fatiguing, to trace step by step, all the incursions 
of the French from Canada, or from Louisiana, into other points of 
the Spanish dominions, by passing through Indian nations, or unin- 
habited countries. I cannot, however, omit touching on the accident- 
al circumstance which gave rise to their settlement at Kaskaskias, 
twenty leagues below Cahokia. The inhabitants of Illinois, who had 
no connexion or dependance whatever on Canada, at length under- 
took to go down the river, and trade with the French at Bzloxi and 
Mobile Bay; and these traders having discovered fertile and beauti- 
ful prairies on the right of the small river Kaskaskias, several of the 
French settlers removed thither in the year 1703, and founded what 
is now the town of Kaskaskias; but they always lived independent 
and in alliance with the Indians, until the Louisiana company sent 
M. de IJoisbriant, as the king's lieutenant, with troops, to reduce and 



32 [155] 

direct this settlement. It was afterwards considerably increased in 
the hands of the French, who successively formed the settlements of 
Chartres, St. Philip, Prairie des Roches, and Prairie Dupont; but 
still, as you perceive, sir, on the left of the Mississippi; and it was 
not till several years afterwards, that they settled St Genevieve, op- 
posite Kaskaskias, on the right of the said river, an inconsiderable 
settlement, which made no progress until the country was ceded to 
England. 

In fine, all the written documents and historical evidence, rela- 
ting to French Louisiana, agree in dividing it into Upper and Lower, 
and proving that Lower Louisiana is bounded on the north by Bayou 
Manchac, by which it communicates from the river Mississippi to 
the Iberville; and that Upper Louisiana commences above the said 
Bayou, the post of Natchez being the principal settlemenc of the 
French in that quarter, in whose neighborhood they cultivated to- 
bacco. The settlement of Natchitoches which they afterwards form- 
ed, was considered as depending on Upper Louisiana. 

It would be easy to prove that this latter settlement was made 
by the French within the Spanish territory, and merely through the 
condescension or sufferance of the viceroys of Mexico, and the go- 
vernors of the province of Texas. Before the French had founded 
New Orleans, there already existed the Spanish missions and settle- 
ments of San Francisco, La Purasima Concepcion, San Jose and 
Na Sa de la Guadaloupe, at a very short distance from Natchi- 
toches; and the right of property and possession on the part of the 
crown of Spain to the whole of this territory as far as the Mississip- 
pi, was notorious. 

I am aware that the French attacked the missions of Texas, 
during the war between France and Spain under the regency of the 
duke of Orleans; that for this purpose they proceeded from the post 
of Natchitoches, and that the Spaniards retreated to San Antonio de 
Bexar, till the governor of the province, the marquis de Valero, ad- 
vanced to chastise and keep the enemy in check. This commander 
marched against them in 1719, drove them from the Spanish posts, 
and obliged them to shut themselves up in Natchitoches. 

This expedition is connected with the authentic facts, of which 
Mr. du Pratz has made up a ridiculous and fabulous tale, in his His- 
tory of Louisiana, when he speaks of a Frenchman of the name of 
St. Dennis, and supposes certain conventions entered into between 
him and the duke de Linares, viceroy of Mexico. In 1715, St. Dennis 
penetrated from Mobile to the Spanish garrison of San Juan Bantista, 
with three companions and a passport, on pretence of going to buy 
cattle in the missions of Texas., but in reality to carry on a contra- 
band trade, and explore the country. Both he and his companions 
were seized and conveyed to Mexico. After a variety of adventures, 
St. Dennis made his escape, and was one of those who set out from 
Natchitoches with other Frenchmen, to attack the inhabitants of 
Texas, as I have before stated. 



[155] 



33 



After this event the Marquis de Aguayo came to Texas, re-es- 
tablished the old missions, and founded new ones, viz: Pilar, Adaes, 
Loreto, at the Bay of Espiritu Santo, or St. Bernard, and Dolores* 
known by the name of Qrquizaco; he greatly improved San Antonio 
de Bescar, and placed the whole frontier of the province in a respect- 
able state. Thus the Spanish settlements remained tranquil until 
Louisiana was ceded to Spain, when the garrisons of Adaes and Or- 
quizaco were suppressed as being no longer necessary. 

As a further proof that the post of Natchitoches was acknow- 
ledged even by the French as being within the Spanish ttrri ory. I shall 
add two facts; the first is, that when captain Dun Domingo Ramon 
came with a party to Texas, after St Dennis and his followers were 
sent to Mexico, he paid a friendly visit to the French at Natchito- 
ches, and entered that fort with the royal Batova and Insigna, as a 
sign of the dominion and jurisdiction of Spain, to which the French 
made no opposition. The second fact is, that in the vear i7i<2, the 
French governor of Natchitoches being desirous to remove that fort^ 
which had been injured by an inundation, somewhat farther from the 
bank of the Rio Roxo, (the Red river,) he Waited On the Spanish 
governor of the Adaes, Don Manuel de Sandoval, and requested the 
necessary permission to do so Sandoval granted it, as the site, to 
which he wished to remove it, was uo farther than a musket shot from 
its former situation. Notwithstanding, the viceroy of Mexico, on 
being informed of this act of accommodation, highly diaapproved it, 
and despatched colonel Don Francisco de Brito, to Adaes to super- 
cede governor Sandoval, and bring him under guard to Mexico to be 
tried there before a court martial; which was carried into effect with 
all the rigor of the law. 

It is unquestionable, from the historical series of fact3 and the 
most unexceptionable documents, that the province of Texas extend- 
ed to the Mississippi, and that the French never crossed the river 
into that district, but through the sufferance or permission of the 
Spanish governors; and that in consequence of the former abusing 
the generosity with which they were permitted to trade with the In- 
dians of that territory, and to hold, for that purpose only, the posts 
of Natchez and Natchitoches, positive orders were issued to drive 
the French from the whole district, and destroy the said posts. The 
Spanish commandant advanced with a sufficient force to execute those 
orders; but he acceded to the proposals of the French at Natchi- 
toches, which were confined to this, that Arroyo Rondo, which is mid^ 
way between Natchitoches and Adaes, sfwuld be considered as the dU 
vidtng line, until the determination of the two courts. In this state 
things remained without further change, and so continued until the 
cession of Louisiana to Spain, relieved those provinces of Spanish 
America from all embarrassment and trouble from the French But 
it always was an undeniable fact, established by the irresistible titles 
and documents, that the French neither held nor had held, to the 
westward of the Mississippi, in 1719, any other post than Natchito- 
5 



34 [155] 

ches, which they held merely by the condescension of Spain; an«£ 
that the Spanish settlement of Adaes, only five leagues distant from 
the Rio Rcxo, (Red river,) existed much earlier, and did so exist 
until Louisiana was transferred to Spain. The Parochial records of Na- 
cogdochez andAdaes,wiih the registers of births,baptisms,and deaths, 
attest it still more circumstantially, as well as the proceedings of the 
pastoral visit made in 1805, by Don Primo Fe iciano Marin BisUp 
of the new kingdom of Leon, who visited the district of Adaes and 
the whole province of Texas. 

Theright which Spain always had to all the territories to the 
north and east of New 31exico, as far as the right bank of the Mis- 
sissipi and the Missouri, is proved with equal certainty. All these 
territories, and the different branches, falls, and waters of the Missis- 
sippi, were always comprehended within the line of the Spanish do- 
minion in that part of America, from the earliest periods of its dis- 
covery and conquest. Although the French penetrated several times 
from Mobile and Biloxi, to different parts of that line, they never 
acquired any right to them. Their excursions were confined to trad- 
ing or smuggling or exploring the country. The huts or posts, 
which they had in some Indian nations, were trifling establishments, 
clandestine and precarious, which they were unable to preserve. 
The Spaniards had traded much earlier than the French with all 
these Indian nations; with the Missouri's, extending along the river 
of that name; the Padorcas, beyond the River La Platte, and still 
farther to the northwest, with the Latanes, and finally with several 
others as being within the dominions of the crown of Spain. 

The French themselves never disputed the rights of the Span- 
iards to possession and property, nor laid claim to these parts of the 
territories of the Spanish monarchy. The court of France always 
took the greatest care not to injure the rights of Spain, on all occa- 
sions of making grants of land within her settlement of Louisiana; 
and the French settlers at all times carefully respected the right bank 
of the Mississippi, throughout its whole extent, as the well known 
property of Spain. No memorial can be found declaratory of a con- 
trary opinion, except a decree of Louis the fourteenth, dated at Fon- 
tainbleau, on the 14th September, 1712, in favor of M. Crozat, 
ceding to him and the company formed by him, the French settle- 
ment of Louisiana, with an ideal and vague demarcation of bounda- 
ries, by extending them mentally to New Mexico, and the English 
province of Carolina, and along the Mississippi from the sea to the 
Illinois, &c. It is evident, that the court of France did not then pos- 
sess any knowledge of the geography of that country, or that New 
Mexico was considered as bordering on the Mississippi; notwith- 
standing Louis the fourteenth had carried his liberality so far in that 
graut, as to give the French company even the River Mississippi and 
the Missouri. He might with equal reason have given that of the 
Amazons, the La Plata, and Oronoko. You are perfectly aware, sir, 
the expressions of this grant are vague and absurd. They never 



[155] 



35 



could alter the fixed limits of French Louisiana, or of the Spanish 
possessions. The grant of Louis the fourteenth was always consi- 
dered as the act of a disordered imagination. The Spaniards con- 
stantly preserved their dominion over all the right bank of the Mis- 
sissippi to the Missouri, and over all the territories and waters, from 
the former to the right shore of the latter. Even the French them? 
selves, notwithstanding this famous grant, never ventured to go be- 
yond the certain and well known limits of their settlement, or violate 
those of the territory and dominions of the crown of Spain. It is, 
therefore, of no consequence to us, if such a blunder was committed 
by those who penned the said grant at Fontainbleau. If a document 
of this nature was sufficient to dispossess a nation of its dominions, 
or of any part of them, what security could there be in any part of the 
possessions of independent kingdoms and states? Can there be a 
mind capable of conceiving, that such a paper can fail to be absurd 
and completely despicable, since it never took effect, has always been 
resisted as rash and extravagant, and since the incontestable rights 
of Spain to the property and possession of the said territories, existed 
then and do still exist? Certainly not. 

The court of France was immediately sensible of the extrava* 
gance of that grant, as no farther mention was made of it. On the 
contrary, when it ceded Louisiana to Spain in 1764, M. Kerlet, who 
had been many years governor of that province, was ordered to draw 
up a memoir, containing a description of its proper extent and limits. 
This memoir, delivered by the duke of Choiseal, minister of France, 
to the Spanish ambassador at Paris, as a supplement to the act of 
cession of Louisiana, agrees substantially with that which I have just 
now pointed out I would carry this demonstration still farther, if I 
thought it necessary; and I will do so, if you shall have any thing to 
object to it. In the mean time, I now confine myself to declare to 
you, sir, and to the government of the United States, in the name of 
the king my master, that although Spain has an original and indis- 
putable right to all the right bank of the Mississippi, his majesty has 
resolved to claim this right, solely with a view to adhere to the uti 
possedttiS) or state of possession, in which the crown of Spain was, 
when she acquired Louisiana in 1764, and in which that of France 
was at the time she made the cession. His majesty paying due res- 
pect to all such treaties and conventions, as have caused a change in 
the state of possession of the two nations in that part of America, reli* 
giously confines himself to the express period, when Louisiana was 
circumscribed by the well known extent and boundaries, with which 
it passed into the hands of the United States. 

As these boundaries, to the westward ot the Mississippi, although 
always notorious and acknowledged, have not been marked out with 
the formality necessary to avoid doubts and arbitrary pretensions^ and 
as it is only evident, that they undoubtedly proceed from the Mex- 
ican Gulf, by the river Marmenta or Marmentao, and Arroyo Hondo, 
by drawing a line between Natchitoches and Adaes, which crosses 



36 [155] 

the Red River, and extends towards the Missouri, I have done no 
more than point out the basis for a line of demarcation; and after we 
have agreed on this basis, a commission composed of Spaniards and 
Americans, fosmally appointed and authorized by their respective 
governments, can and ought alone, to examine and fix the boundaries 
between the possessions of the two powers, keeping in view the do- 
cuments exhibited on both sides, and comparing them on the spot 
with the points to which they refer. The basis I now speak of, as 
necessary for this demarcation of boundaries must be sought for pre- 
cisely in the most marked, leading, and notorious points, which showed 
the proper direction and extent of the territories of Spain, France, 
and England, in 1763 and 1764, since we cannot seek for them in pre- 
cedirg periods, the possessions of the three powers in this part oi the 
American continent, being then very different from what they have 
been after those periods, in virtue of public treaties, which are, and 
ought to be, inviolable. 

The situation, therefore, of the three powers, until 1763 was as 
follows: The crown of Spain extended its dominion to the east, over 
the right side of the Mississippi, from its mouth to the mouth of the 
Missouri; and to the north, over the right side of the latter river* 
from its mouth to its source. Florida, already contracted by the in~ 
ttusive establishment of Louisiana, commenced at the river Perdido, 
and extending eastward, towards the river Santa Maria, (St. Mary's) 
included the whole Peninsuia,which ex ends a? far as the 23° of south 
latitude. Its nor; hern boundary was not yet fixed. In addition to 
the colony of Louisiana, such as I have shown it was, and ought then 
to be, France possessed the territories of Upper and Lower Canada, 
extending south to a line running from the river Alivamoa, and fol- 
lowing the chain of he Alieghames until it struck above Chaleur Bay. 
England extended her possessions to the south ol the said line, on the 
coast of the Atlantic, from the river St. Mi ry to the river St. Croix, 
and added to those possessions all the territory lying north of the two 
Canadas, as far as Budson's Bay and lake "Winnopeeg, which had 
been ceded to her by France, at the peace of 1713. 

But France, as you know, sir. was, by the treaty of 1763, exclud- 
ed fiom the continent ot ^Nortb America, with the exception of Loui- 
siana, then reduced to the island ot New Orleans, and to the tract of 
country to the north of Missouri, and extending to the British posses- 
sions. By that treaty, she ceded to England both the Canadas, and 
all that part of Louisiana, extending over the left side of the Missis- 
sippi irom its source to the bayou Manchac, and thence following 
the left of the river pjtrville, the lakes Maurepas and Pontchartrain, 
the coast ard islands, to the uver Perdido. Spain ceded, in like man- 
ner, Florida to Lngiaid, such as I have described it; and in the year 
1764. which is the secc nd period when it is necessary to distinguish 
ard fix the basis referred to, she acquired, b\ cession, from France, 
her remaining portion of old Louisiana. She afterwards acquired 



[155] 



37 



what France had ceded to the English, on the left of the Mississippi, 
and Florida also, which she had ceded to them in 1763, as is proved 
by the treaty of 1783. This treaty, and those of 1763 and 1764, be- 
fore mentioned, are those which it is necessary to keep in view, toge- 
ther with that of St. Ildephonso, by which Spain ceded back to France 
what she had received from her; and France accepted the delivery, 
declaring herself satisfied, and taking possession by virtue of an act of 
his catholic majesty, which expresses the retrocession of Louisiana by 
Spain to France, suck as she had received it from France, in 1764. 

The treaties between France and the United States, and between 
the latter and Spain, the first in 1778, and the second in 1795, must 
likewise be kept in view, to illustrate incontestable rights and esta- 
blish unalterable principles. To the treaties just mentioned, your 
government and his catholic majesty may add all such other titles 
and documents as may be thought necessary to remove or settle any 
doubt which may arise in the subject matter, to the end that the basis 
of a demarcation may be laid down upon a due understanding., and 
established and fixed with the greatest possible exactness. 

You are perfectly aware, Sir, that there can be no other just 
mode of settling the dispute in relation to the question of boundaries, 
and that it is the one which has always been adopted by all nations 
in similar cases; it being the anxious wish of his catholic majesty that 
this demarcation may be so accomplished as to leave no room for 
doubts or controversy in future, by proceeding to it with good faith, 
and in a manner that may be satisfactory to both parties. 

I, therefore, conclude this note with the same opinion I expressed 
in ray former one, namely, that it is indispensable to examine, ascer- 
tain and agree on the points necessary and essential to the establish- 
ment of the true boundaries, which separate, or ought to separate, 
Louisiana from the Spanish dominions; and that this can only be de- 
termined by the mode proposed. If you will be pleased to point out 
to me any other, which, while it fulfils that object, may be concilia- 
tory and compatible with the rights and honor of the crown of Spain, 
you may be assured, Sir, that I shall adopt it with pleasure, as I shall 
thereby further the intentions of my sovereign, which are to termi- 
nate, as speedily as possible, the disputes now pending in an amicable 
manner, so as to leave no spark of disagreement in future. 

With these sentiments i have the honor to offer myself to your 
disposal, and pray God to preserve you many years. 



(Signed) LUIS DE ONIS, 

Washington, 5th January, 1815. 



38 t 155 3 

No. 7. 

(Translation.) 

The same to the same. 

SIR, 

Having stated to you in my notes of the 29th of the last, and 5th 
of the present month, all that I thought proper and necessary on the 
subject of boundaries, that we may ascertain, discern and fix with 
impartiality, justice and good faith, those which divide or ought to 
divide Louisiana from the Spanish possessions situate to the east and 
west of that province, acquired from France by the United States; I 
now proceed to discuss the different points on which your government 
found* claims against those of his catholic majesty. 

As this matter was sufficiently discussed (ventilado) and placed 
in the strongest light of evidence by the Spanish government, in the 
notes addressed by it to Mr. Pinckney, at Aranjuez, and afterwards 
to the American commission, composed of that gentleman and Mr. 
Monroe; and also in those which in the last instance were addressed 
by it to Mr. Erving, at Madrid; I shall reaume the subject briefly and 
precisely, merely touching on the principal points of the dispute, and 
showing with simplicity and clearness, to what the state of the ques- 
tion is reduced, and in what manner it should be fairly and justly 
arranged. 

I divide into two classes the points on which your government 
demands satisfaction and indemnification of his catholic majesty. 
The first comprehends the injuries, losses and damages suffered by 
American citizens from Spanish authorities and subjects, and those 
suffered by the subjects of the crown of Spain from American autho- 
rities and citizens. The second comprehends the losses, damages 
and injuries sustained by American citizens from captures made by 
French cruizers on the coasts of Spain, and condemned by French 
consuls residing in the Spanish ports. To this the whole question of 
indemnification is reduced. 

The points embraced by the first class, are as follows: 

1st. The damages and injuries unlawfully caused by Spanish au- 
thorities and subjects on American citizens; and by American autho- 
rities and citizens on the subjects of the crown of Spain; in violation 
of the law of nations and of the existing treaty, during the war be- 
tween Spain and Great Britain, which terminated at the peace of 
1801. 2dly. Damages and injuries sustained by American citizens in 
consequence of the interruption of the place of deposite at New Or- 
leans, by an order of the intendant of the royal treasury of Spain, in 
the province of Louisiana. 3dlv. Injuries, damages and losses cau* 
sed to citizens of the United Scales by Spanish authorities and sub- 



£155] 



39 



Jects, and by American authorities and citizens to Spansh subjects, 
directly or indirectly, from the year 1801 until the period when the 
correspondent convention between the two governments on all the 
points embraced by the question of spoliations, shall be concluded 
and signed. 

Those which are comprehended in the first point are acknow- 
ledged to be evidently founded on justice; and to carry them into 
effect, there exists ever since 1802 a convention stipulated and sign- 
ed between Spain and the United States. You are aware, sir, that 
the suspension of this convention did not originate with his catholic 
majesty's government. His majesty is ready to give full effect to 
it; and on the basis of that convention we can establish and agree 
on what may be most just, suitable and expeditious, to make a re- 
ciprocal satisfaction for the aforesaid injuries and losses, compre- 
hending in the convention, to be stipulated and signed for that pur- 
pose, all the injuries and losses, respectively suffered, since 1801 to 
the present; because these two points only are distinct in point of 
time, but, as you are perfectly aware, tiiey are, in all other respects, 
of a like nature, and therefore of equal rights and justice. 

The first and third points are consequently to be acknowledged 
as substantially., forming only one. subject to the examination and 
decision of the joint commission which is to determine the necessary 
compensation, in virtue of the convention to be stipulated on the ba- 
sis of that of 1802. . 

The second point, namely, that of the suspension of the deposite 
at New Orleans, might be omitted. You are aware, sir, that it 
lasted but a very short time, and in the depth of winter, when the 
exportation of the produce of the western |states was very inconsi- 
derable, and very hazardous and difficult; that, moreover, the order 
of the intendant, produced no other inconvenience to the American 
citizens than the trifling one of loading in the stream, instead of 
laying their boats along the quay at New Orleans; and that the said 
order of the intendant was an arbitrary act, duly disapproved of by 
feisjcatholic majesty, and for which he directed his minister to give 
suitable satisfaction to tho United States, in,his royal name. The 
United States having received it, this affair ought from that time to 
be considered as terminated. 

On the other hand, you cannot but admit, that his catholic ma- 
jesty was not bound to continue the deposite at New Orleans, after 
the termination of the precise period stipulated by the treaty of 1795, 
by which his catholic majesty only agreed to designate another spot 
for the said deposite upon the banks of the Mississippi. As this new 
spot was to bo to t\iQ satisfaction of the United States* it was for them 
to point out and ask for it. The suspension, ordered by the inten- 
dant, although highly disapproved by the Spanish government, was 
in consequence of the scandalous contraband ar.d abuses by which, 
under cover of the deposite, enormous frauds were committed on the 
royal revenue. By the treaty no provision was made for this case* 



40 [1551 

nor was there any stipulation relative to the time which was to in* 
tervene during the removal of the deposite from New Orleans to ano- 
ther spot on the bank of the Mississippi, or to the intermediate pe- 
riod between the suspension of the said deposite, and the assigning 
another situation for it. 

The government of Spain was, therefore, not bound to become 
answerable for the losses and injuries eventually sustained by the 
short interruption of the deposite, since such obligations could only 
grow out of the stipulations of that treaty, which does not contain a 
single word that has the most distant allusion to such an obligation 
or engagement on the part of his catholic majesty. 

Notwithstanding these reasons, and various others which I 
could adduce, to prove that the government ot Spain eannot be bound 
to make satisfaction for the aforesaid losses and damages, his catho- 
lic majesty is disposed to yield to the reclamation of the United 
States on this point, provided they still insist on it, and to submit it, 
with the others spoken of, to the investigation and decision of the 
joint commission. There will, therefore, be no difficulty, in also in- 
cluding this point, as far as it relates to injuries really caused by 
the order of the intendarit of New Orleans, in the convention to be 
formed and signed, if required by you; it being his catholic majesty's 
desire to give continued proofs to the United States of his frankness, 
good faith, and condescension. I now proceed to the claim for 
losses and injuries committed on citizens of the United States by 
French cruizers and tribunals, in the capture of American vessels 
on the coasts of Spain, and their condemnation in Spanish ports, 
forming the object of the second part of this question, or that embrac- 
ing the points of the second class, in the order of the enumeration 
I have adopted. 

This part of the question was discussed in a very luminous man - 
ner, in the notes addressed by his catholic majesty's government to 
the American ministers on the 10th February and 5th March, ISO 5; 
and you are aware, that no reply was made on the part of the United 
States, weakening in the least the force of the principles and the truth 
of the facts on which the opposition of his catholic majesty to a re- 
sponsibility for those damages and injuries was grounded. You will 
agree with me, Sir that there is no possibility of deciding, by a gene- 
ral rule, the extent of the responsibility of a nation, on whose coasts 
and ports agressions have been committed by another against a third 
party, as it depends in a great degree on the circumstances of the 
case, and the particular stipulations binding on nations. 

By the treaty between Spain and the United States, the obliga- 
tion of Spain is reduced to exercise its good offices with the offend- 
ing party, and to aid the claims of the party aggrieved. 4 Each party 
shall endeavor, (says iie treaty,) by all means in their power, to pro» 
tect and defend all vessels and other effects belonging to the citizens 
or subjects of the other, which shall be within the extent of their ju- 



[155] 



41 



tisdiction, by sea or by land, and shall use all their efforts to recover 
and cause to be restored to the right owners, their vessels and effects, 
which may have been taken from them within the extent of their said 
jurisdiction, whether they are at war or not with the power whose 
subjects have taken possession of the said effects." 

On the part of Spain this has been done; and if her efforts have 
not produced the desired effect, the fault does not rest with her. Be- 
sides, the injuries done by French privateers on the coasts and in the 
ports of Spain, to American citizens, have a particular character, 
which relieves the government of Spain from all obligation to indem- 
nify them for those losses, even although such obligation had existed. 
The United States were not at war with France, consequently their 
recourse, as the aggrieved party, was always open to the government 
and tribunals of the aggressor. Spain was then in alliance with France, 
and both were at war with Great Britain. She, therefore, could not 
prevent the privateers of her ally from entering her ports, as they 
were not fitted out against the Americans, but against the English, 
If these privateers, after going on their cruize, committed aggres- 
sions on Ameriean vessels, on pretence of considering them or their 
cargoes as English, the'Spanish government could neither foresee nor 
prevent it. The injuries were already done before it was apprised of 
them. Neither was it m the Spanish ports where the injury was com- 
pleted, but in France, by the tribunals of cassation, to which the Ame- 
ricans appealed from the decision of the French consuls residing in 
the ports of Spain. It was unquestionably in France that the offence 
and injury originated, and in France were they consummated. How- 
then can indemnification be claimed of Spain for such injuries, and 
not of France who was the cause of them, and the power enabled to 
compel the aggressors to make due satisfaction, as they were her sub- 
jects and had given the requisite bonds in her courts for their good 
conduct in their cruizes? You cannot but be sensible, Sir, that ac- 
cording to every principle of reason and justice, it would evidently 
and unquestionably be monstrous to claim these indemnifications of 
Spain; as the power existed then, and still does exist, which caused 
the injuries here treated of. 

I would go still further to show, that by no established princi- 
ple of the law of nations can Spain be considered responsible for such 
indemnifications, not even indirectly, in case France should refuse to 
make them. I would cite, among others, the case in which Sir W. 
Scott, judge of the high court of admiralty of Great Britain, decided, 
that prizes made by a belligerent, and carried into the ports of a pow- 
er, its ally, and there condemned, are justly and lawfully condemned, 
according to the law of nations, and that the owners of the property, 
prior to its condemnation, have no longer a claim to it after condem- 
nation has taken place. From this and other decisions, it follows, 
that the government, to whose subjects the property condemned be- 
longed, has no ground to bring forward complaints or claims against 
the government of the country where the prizes were made, because 
6 



42 [155] 

the condemnation is conformable to the law of nations, the sentence 
pronouncing it is valid, and the authority condemning the property 
legal, and proceeded according to rule. This doctrine is well known 
and acknowledged in the United States, as also the principle, that 
when a nation has employed its good offices, and taken such means 
as are in its power to procure satisfaction for the offence, and obtain 
compensation for the injuries committed on its coasts, and in its 
ports, on a friendly or neutral nation, it is bound to nothing more, 
although its good offices and endeavours may not have produced the 
desired effect. This principle was applied by Mr. Jefferson, in his 
letter of the 5th September, 1795, to Mr. George Hammond. It is 
also admitted by the best civilians, and agrees perfectly with the ob- 
ligations of Spain towards the United States, resulting from the ex- 
isting treaty between the two nations. I mean, however, in case Spain 
had not been the ally of France at that period, because, even in that 
case, the principle I have just indicated would govern; but being then 
the ally of France in the war against Great, Britain, she might cer- 
tainly employ, among the exceptions exempting her from all respon- 
sibility in the case here treated of, the principle which served as the 
ground of Sir W. Scott's decision in the British admiralty court; 
but I do not consider it necessary farther to illustrate these legal ob- 
jections of the government of Spain against the the claim of your 
government for the aforesaid injuries, inasmuch as this capital ex- 
ception attends it, namely, that satisfaction for those injuries was 
already made to the United States by France, and consequently this 
affair is, and ought to be considered as settled and terminated. This 
essential exception makes it superfluous to produce others, since the 
obligation spoken of, which was and could only be but one, is there- 
by evinced to have been extinguished. The French government has 
positively declared, that « in the special convention concluded be- 
tween France and the United States, this point was settled; and that 
the said convention, by which this claim and demand of the United 
States, for due compensation for the losses and damages now spoken 
of, were attended to and redeemed, was ratified in 1 802, together 
with the treaty of cession or sale of Louisiana." That is to say, 
that the amount of the said injuries and losses was then estimated 
and compensated in the price stipulated for Louisiana; so that full 
compensation was then made to the United States for all that was es- 
timated and agreed on between the French and American govern- 
ments, as forming the value of the said losses and injuries. The 
French ambassador at Madrid, gave a verbal assurance to this ef- 
fect to his catholic majesty's minister of state, and the minister of 
foreign affairs of France gave a similar assurance to the Spanish 
ambassador at Paris. His catholic majesty also demanded a formal 
and categorical answer of the French government on this point, 
which formal declaration I here copy; it is thus expressed, in the 
note transmitted by the minister of France to the ambassador of his 
catholic majesty. 



[155] 



43 



" Bourbon L'Archambault, 8th Thermidor, 12th year, (27th 
July,* 1804.) Monsieur l'Ambassadeur, I have duly laid before his 
imperial majesty the note which you did me the honor to address to 
me, dated the 24th July, relative to the discussion which has taken 
place between the court of Spain and the government of the United 
States. I shall not fail immediately to submit to him the more ample 
explanations which your excellency announces your intentions of ma- 
king to me, both verbally and in writing, on this dispute, which seems 
to threaten the good understanding existing between the United 
States and your court. Although I might yet defer giving my opin- 
ion to your excellencv, in consequence of your intention to furnish 
me with the explanatory statements which you announce, I do not 
hesitate to inform you by anticipation, that his imperial majesty can- 
not but be extremely sensible to the uncertain and uneasy position in 
which two powers, in amity with France, are placed by this misun- 
derstanding, and that he will certainly do whatever may depend on 
him to prevent its coming to an unfortunate issue. 

'* It is several months since I was informed by the charge d'af- 
faires near the federal government, of the pretensions of that govern- 
ment, relative to a portion of country bordering on Florida, which 
has become a great object of ambition to the Americans, in relation 
to the establishment of their revenue systemr and it seemed to me, 
from this information, that it was important that the federal govern- 
ment should use all the means in its power, to obtain the annexation 
of this frontier portion of Florida to Louisiana; but the opinion due 
to the justice and moderation which distinguish the personal charac- 
ter of the President of the United States, has not, nor does it yet, 
permit me to think that menaces, provocation and groundless hosti- 
lity may be considered by him as the most suitable means to enable 
the United States to acquire a portion of territory belonging to a fo- 
reign power, which suits their convenience. 

" Respecting the second point in dispute, which your excellency 
does me the honor to speak of in your note, I must say that I had 
previously no knowledge of it. And, indeed, if I had been informed 
that his catholic majesty's ministers had carried their condescension 
for the government of the United States so far as to engage them- 
selves towards it for indemnifying violations pretended to have been 
committed by France, I should certainly have received orders from 
my government, to express the dissatisfaction which France must 
feel on the occasion of so unseemly a deference; and this dissatisfac- 
tion would have been expressed stil! more warmly to the government 
of the United States than to that of Spain. There is every reason to 
suppose that the court of Spain, by thus yielding to an improper de- 
mand, has emboldened the American government, and determined it 
to become pressing, and even menacing on this occasion. As for the 
rest, the explanations formerly given to your court on this point, as 
well as those which have been authorized to be given to the govern- 
ment of the U. States, by the charge d'affaires of his imperial majesjy> 



U [155] 

must enable you to judge of the opinion formed by his majesty on 
this question, which having already been the subject of a long nego- 
tiation and of a formal convention between France and the United 
States, cannot again become a subject of discussion." 

" Such, Monsieur i'Ambassadeur, are the remarks that I have 
thought proper to make in the first instance, in answer to the prelimi- 
nary note of your excellency. In addition, I must observe, that in 
my opinion, the demonstrations which appear to me to have given 
your government the uneasiness it has charged you to express, are 
somewhat exaggerated, either from the impression they have pro- 
duced at Madrid, or from the construction, possibly too extensive, 
which the minister of the United States to his catholic majesty, may 
have, perhaps, given to his instructions. There is no room to sup- 
pose that a government, anxious as that of the United States is, to 
establish a general opinion of its wisdom and moderation, would 
resolve on engaging in an unjust war through motives ot* ambition^ 
but as the United States attach great importance to the acquisition of 
a part of Florida suited to their convenience, it is not to be doubted 
that they will make every effort to. obtain it. The gronnd of this dis- 
pute, therefore, rests entirely on this point. Perhaps the federal go* 
vernment may have thought that it would tend to promote a negotia- 
tion for exchange, by exciting a diplomatic quarrel. The wisdom of 
his catholic majesty will certainly suggest to him what is proper to 
be done on this occasion, with a view to terminate a dispute, which, 
I have no doubt, will incessantly be revived, so long as no change 
will take place in the actual relative position of Louisiana and; the 
Floridas; but. on this point, it is for the wisdom, of his catholic 
majesty to decide. The United States are not founded in making 
any claim on his majesty. A positive declaration wasmade to them, 
that Louisiana was delivered to them, such, and with the same ex^ 
tent it had when acquired by France, and this declaration will again 
be made to them as often and as positively as his catholic majesty 
will desire it. 

" I request your excellency to receive the assurances of my high- 
est consideration. Cha. Mau Talleyrand. To Admiral Travina, 
ambassador of his catholic majesty." 

You see, sir, that this declaration of the French government is 
conclusive, and that the responsibility for losses and injuries caused 
by French cruizers and tribunals on the coasts and in the ports of 
Spain, is removed from the period of that agreement; and that t© 
renew a claim for what has been already paid and satisfied, would be 
exacting double reparation for one and the same injury, and double 
payment for one and the same debt. Notwithstanding, if the United 
States have still a claim for the complete fulfilment of this satisfac- 
tion and payment, his catholic majesty is ready to unite his good 
offices and earnest requests to this claim of your government ojt 
that of France, in order that she may perform, and cause to be per* 
formed, whatever may be justly required in behall of American 



[155] 



45 



citizens who have sustained losses and injuries by her cruizers- 
and tribunals To this the obligation of Spain, in the present case, 
is reduced; and his catholic majesty's government offers immedi- 
ately to sustain all the just pretentions which the government of 
the United States may be desirous to form against the government 
of France on this point, or to demand of it all such explanations as 
may be judged necessary to clear up all doubts, if any are yet enter- 
tained by the United States, on this matter. 

This point then being separated from those connected with the 
question of claims for injuries, losses, and damages, because that is 
already settled between France and the United States, or is to be set- 
tled with France directly, if any thing still remains to be perform- 
ed, we can agree upon a just and suitable mode of determining a 
reciprocal satisfaction for the injuries, losses, and damages, before 
spoken of, and included in the three points of the first Glass, as enu- 
merated in this note, in order that we may proceed more clearly and 
methodically. These three points, as I have before said, wilt be sub- 
mitted to the judgment and decision of the joint commission, in 
virtue of the convention to be formed on the basis of that of 1802* 
simplifying and rectifying it in such manner as will insure its most 
expeditious and faithful execution. 

In this note and the two others which I have already had the 
honor to address to you, are contained all the points in dispute be- 
tween the government of his catholic majesty and that of the United 
States; and to avoid confounding them with each other, I have treat- 
ed them in their regular order, with precision, simplicity, and clear- 
ness. You can examine each of them, sir, with the impartiality 
and rectitude which distinguish your character; and I flatter myself 
that all the motives and grounds of the controversy will be complete- 
ly removed by your discernment and wisdom, as you will not fail to 
acknowledge the irresistible force of what has been r and is now de- 
monstrated on the part of the government of Spain. 

When the different points treated of in each of these notes, with 
the necessary discrimination, are considered, and a decision formed 
en each of them, it is requisite that we should definitively settle and 
terminate the controversy, without leaving any room for dispute m 
future. 

This general and definitive arrangement of all the points in dis- 
pute, must, by its nature and circumstances, precede the negotiation 
for the exchange or cession of the Floridas, since, until it be deter- 
mined and settled what are the territories on the frontier which be- 
long to -Spain r and what are those which belong to the United States^ 
it is impossible to estimate the equivalent to be given to Spain for the 
two Florid as. Nevertheless, as it is the earnest desire of his catholic 
majesty to meet the wishes of the United States in every thing that may 
be compatible with the rights and honor of his royal crown, you may, 
sir, devise and propose a mode by which we may at one and the 
same time adjust all the points of the controversey, and stipulate the 



46 t 155 ] 

exchange or cession of the Floridas, in case your government should 
not agree to our previously settling the points connected with the 
question of boundaries, and establishing a convention, in conformity 
to the basis of that of 1802, for the mutal compensation of losses and 
injuries, according to the order I have adopted in my note. 

I expect, therefore, your answer, sir, whether it be confined 
distinctly to the subject of each one of my notes, according to their 
respective order, or to propose a mode embracing all the points com- 
prehended in them, by which we may have them collectively settled in 
the negotiation which is to be entered upon for the exchange or cession 
of the Floridas. In this proceeding you will perceive, sir, a certain 
proof of the frankness and good faith of the Spanish government, and 
of the sincere and friendly sentiments entertained by the king, my 
master, for the United States. 

I conclude, with the renewed assurances of my respects, and I 
pray God to preserve you many years. 

(Signed) LUIS DE ONIS. 

Washington, 8(h January, 1818. 



No. 8 



(Translation.) 
The same to the same^ 

SIR, 

In the National Intelligencer of the 6th of this month, I have 
seen published the official notice of the occupation of Amelia Island 
by the troops of the United States. I had already anticipated this 
unpleasant event, by the note which I had the honor to address you 
on the 6th of last month, in which I remonstrated in the name of 
his catholic majesty, against the measures announced in that part 
of the President's message to both Houses of Congress, which ma- 
nifested an intention to invade, and forcibly seize on places and ter- 
ritories, belonging to the crown of Spain. Having received no an- 
swer to that note, I now feel myself obliged to repeat its contents 
to you, and to protest, as I now do strongly protest, in the name of 
the king, my master, against the occupation of Amelia Island, effect- 
ed by the naval and military forces of this Republic, destined to ope- 
rate against that island, forming a part of East Florida, one of the 
possessions of the Spanish monarchy, on this continent. 



[155] 



47 



Whatever may have been the motives on which the Govern- 
ment of the United States have founded their adoption of this mea- 
sure, it cannot but be considered by all nations, as a violent inva- 
sion of the dominions of Spain, at the time of a profound peace, 
when his catholic majesty omits nothing to give the most generous 
proofs of his perfect friendship, and high consideration for the Unit- 
ed States. 

I therefore trust, that upon your communicating this solemn re- 
clamation and protest to the President, he will be pleased to direct 
that suitable orders be given to the American commanders at Ame- 
lia Island, and on that station, forthwith to restore the said island, 
together with all its dependencies to his catholic majesty, and to de- 
liver up the same to the Spanish commandant, and officers present- 
ing themselves for that purpose, in the name of their sovereign. 

It is also my duty to represent to you, sir, that at the time of 
the invasion and occupation of that island b*y the American troops, 
there was, and I believe still is, a considerable property belonging 
to Spanish subjects, which, in all cases, it is required by strict just- 
ice, should be delivered to the owners, which I doubt not has alrea- 
dy been, or will be done, hi a due and proper manner, care being 
taken in the mean time, that it be not removed, or suffer injury. 

I await your reply to this reclamation and protest, that I may 
be enabled to give seasonable intelligence and instructions to the 
governor of St. Augustine, and to the captain general of the island 
of Cuba, provided the President, as I flatter myself, will resolve on 
the prompt restitution and delivery of Amelia and its dependencies, 
to his catholic majesty's government. 

I cannot by any means doubt that this will be effected, confid- 
ing as I do, in the high rectitude of the President, and in the invio- 
lable principles of public faith, on which the security of nations re- 
poses. 

I have the honor to renew the assurances of my repects, and 
pray God to preserve you many years. 

(Signed) LUIS DE ONIS. 

Washington, Sth January* 1818. 



No. 9, 



The Secretary of State to Don Luis de Onis. 

Department of State, 

Washington, 16th January, 1818. 
SIR, 

Your letters of 29th December, and of 5th, and 8th of the pre- 
sent month have been received, and laid before the President of the 
United States* 



48 [155] 

He has seen, not without surprize and regret, that they consist 
almost entirely of renewed discussions upon the several points of 
difference which have so long subsisted between the United States 
and Spain; discussions which had been exhausted in the correspon- 
dence between the minister plenipotentiary of the United States, at 
Madrid, and your government, in the years 1802, and 1803, and 
more especially in that between Don Pedro Cevallos, and the spe- 
cial, extraordinary mission of the United States to your court, in 
1805; a mission, instituted by the American government, under the 
influence of the most earnest desire to terminate amicably, and to 
the satisfaction of both the parties, all those differences; but which, 
after five months of negotiation at Aranjuez, issued in the refusal of 
Spain to give satisfaction to the United States, upon any one of the 
causes of complaint which were to be adjusted, or even to settle the 
questions of boundaries, existing between the United States and 
the Spanish provinces bordering upon them. The President consi- 
ders that it would be an unprofitable waste of time, to enter again at 
large upon topics of controversy, which were at that time so tho- 
roughly debated, and upon which he perceives nothing in your notes, 
which "was not then substantially urged by Don Pedro Cevallos, and 
to which every reply essential to elucidate the rights, and establish 
the pretensions on the part of the United States, was then given. 
For proof of which, I beg leave merely to refer you to the letters of 
Mr. Monroe and Mr. Pinckney, to Mr. Cevallos. of 28th January, 
26th February, 8th and 16th March. 9th and 20th April, and 12th 
May, 1805. I am instructed by the President to propose to you an 
adjustment of all the differences between the two countries, by an ar- 
rangement on the following terms: 

1. Spain to cede all her claims to territory, eastward of the 
Mississippi. 

2. The Colorado, from its mouth to its source, and from thence 
to the northern limits of Louisiana, to be the western boundary; or, 
to leave that boundary unsettled for future arrangement. 

3. The claims of indemnities for spoliations, whether Spanish, 
or French within Spanish jurisdiction, and for the suppression of 
the deposite at New Orleans, to be arbitrated and settled by com- 
missioners, in the manner agreed upon in the unratified convention 
of 1802. 

4. The lands in East Florida, and to the Perdido, to be made 
answerable for the amount of the indemnities which may be award- 
ed by the commissioners, under this arbitration; with an option to 
the United States, to take the lands and pay the debts, or to sell the 
lands for the payment of the debts, distributing the amount received, 
equally, according to the amount of their respective liquidated 
claims among the claimants. Xo grants of land, subsequent to the 
11th of August, 1802, to be valid. 

5. Spain to be exonerated from the payment of the debts, or 
any part of them. 



[155] 



49 



These proposals do not materially differ from those made to 
Don Pedro Cevallos, on the 12th of May, 1805. The President 
has seen nothing in any events which have since occurred, nor in 
the contents of your notes, which can afford a reason or a motive for 
departing from them. Of the motives for coming to an immediate 
arrangement, the urgency cannot escape your attention. The events 
which have recently occurred in a part of the territory, which you 
have informed me the king of Spain is willing to cede to the United 
States, those which are notoriously impending over the remaining 
part of that territory yet in the possession of Spain, make it indis- 
pensably necessary that the ultimate determination of your govern- 
ment in this negotiation should be acted on without delay. The ex- 
planations requested by your notes of the 6th December, and 8th 
January, of the motives of this government in the occupation of 
Amelia Island, have been given in the message of the President to 
Congress of the 13th instant, and cannot fail of being satisfactory 
to your government. You see it there distinctly and explicitly de- 
clared, that the measures which this government found itself under 
the necessity of adopting in relation to that island, were taken, not 
with a view to conquest from Spain. You well know that if Spain 
could have kept, or recovered the possession of it from the trifling 
force by which it was occupied, the American government would 
have been spared the necessity of the measure which was taken, and 
which was dictated hy the duty of protecting the interests, as well 
of this country as of those with whom we are in friendly commercial 
relations, including Spain herself. But Spain cannot expect that 
the United States should employ their forces for the defence of her 
territories, or to rescue them for her exclusive advantage, from the 
adventurers who are projecting, and in the act of executing, expedi- 
tions against them, from territories without the jurisdiction of the 
United States. Neither can the United States permit that the ad- 
joining territories of Spain should be misused by others, for purpos- 
es of annoyance to them. 

Under these circumstances, the President is persuaded that 
you will perceive the necessity, either of accepting the proposals 
herein contained, as the basis of an adjustment of the long stand- 
ing differences between the United States and Spain, or of offer- 
ing such as can, by any possibility, be acceptable to this government 
without reverting to a course of proceeding, the only result of which 
must be further procrastination. 

I pray you, sir, to accept the assurance of my very distinguish^ 
ed consideration. 



(Signed) JOHN Q. ADAMS* 



SO y Cl55] 



No. 10. 

(Translation.) 
The chevalier don Luis de Onis to the Secretary of State. 

SIR, 

I have received your letter of the 16th of this month, by which' 
1 see with great regret, that in acknowledging the receipt of those 
I had the honor to address to you on the 29th of last month, and 
the 5th and 8th of the present, you omit to answer them, and de- 
cline taking into consideration the indisputable facts and grounds, 
and the irresistible arguments advanced in thenv in relation to each 
of the points embraced by the dispute set on foot by the government 
of the United States. You say it is useless again to discuss the facts, 
reasons, and arguments produced by the Spanish government in the 
years 1802 and 1803, and in 1805, the American plenipotentiaries 
and the special extraordinary mission, conjointly with him, having 
then replied to the different points of the notes of the Spanish min- 
istry, in a manner capable of elucidating the respective rights of 
each of the two powers, and establishing the pretensions of the go- 
vernment of the United States; for proof of which you refer me to 
the letters of Messrs. Monroe and Pinckney, to his catholic majesty's 
minister, Don Pedro Cevallos, of the 28th of January, 26th Febru* 
ary, 3th and 16th March, 9th and 20th April, and 12th May, 1805. 

I think it proper to observe, in the first place, that although 
the facts, grounds, and arguments, then produced by the Spanish 
government, do not differ essentially from those stated in my notes, 
their irresistible and conclusive force is neither altered nor in any man- 
ner impaired. Truth is of all times: and reason and justice are found- 
ed on immutable principles. It is on these principles that the rights of 
the crown of Spain are founded to the territories eastward and west- 
ward of Louisiana, claimed by your government as making part of 
that province; rigbts of immemorial property and possession^ never 
disputed, but always notorious and acknowledged by other nations. 

In the second place, I must remark to you, that throughout the 
Whole correspondence on this subject, between the ministry of the 
United States and that of his catholic majesty, there is not a single 
fact, or a single argument, that can affect the certainty, or deci- 
sive force of the facts, grounds, and reasons, which support and 
determine the aforesaid rights of the crown of Spain. There does 
not appear to be a single incident to give the smallest support to the 
pretentions of your government. All the vague positions on which 
it has been attempted to found them, have been refuted and dissi- 
pated by the Spanish government, by a demonstration so luminous 
and convincing, as to leave no alternative to reason to resist it. 



[155] 



51 



To lay all this aside, and merely to say, « that it is a matter al- 
ready thoroughly debated, on which nothing further essential can. 
foe urged, and that the American government insists on maintaining 
a contrary opinion," is to adopt an arbitrary cause, because, this 
opinion not being supported by any solid foundation, and being, as 
it is, diametrically opposite to the unquestionable result of facts, and 
to the most incontestable principles and arguments, does not, nor 
can it give to the United States any right to the pretensions they 
have formed. Neither can it be required, that the government of 
Spain should subscribe to this opinion, and renounce its rights to the 
territory which the United States wish to possess in the Spanish 
provinces bordering on those States, since that opinion, as I have 
already said, is altogether groundless and arbitrary, and since, on 
those rights, there neither does, nor can there, fall any doubt. 

It is the sincere wish of his catholic majesty, that a just mode 
of amicably settling all pending differences may be adopted, and he 
has authorized me, for this purpose; but neither the powers he has 
conferred on me, nor my own sense of duty, permit me to enter 
into an arrangement which is not based upon the principles of com- 
mon justice, combined in good faith with the suitable considerations 
of reciprocal utility or convenience. Being anxiously desirous of 
carrying the wishes and frank dispositions of my sovereign into 
execution, I suggested to you, in our last verbal conference, the ex> 
pediency of your making to me such proposals as you might think 
lit, to reconcile the rights and interests of both powers, by a defini- 
tive arrangement of the differences pending between them. Since you 
communicated the present state of things to the President, you have, 
proposed to me in your note a plan of arrangement or adjustment* 
embracing the question of boundaries, and that of indemnities, 
which is as follows; 

To settle the former, you propose " that Spain shall cede all her 
claims to territory eastward of the Mississippi, (that is to say, the 
two Floridas.;) and that the Colorada, from its mouth to its source, 
and from thence to the northern limits of Louisiana, shall be the 
Western boundary of that province." v 

I have expressed in one proposal what you have stated in two 3 
as both are reduced to the cession of territory by Spain. It is not 
only pretended that Spain shall cede both Floridas to the United 
States, but that she shall likewise cede to them, the vast extent of 
Spanish territory comprehended within the line following the whole 
course of the Colorado. I presume that it is the river Colorado of 
Natchitoches you speak of, and not of another bearing the same 
name, and which is still farther within the limits of the Spanish pro- 
vinces. I leave it to you, sir, to examine the import of these two 
proposals, and to see whether they are compatible with the principles 
of justice, or with those of reciprocal utility or convenience. It is 
demanded of Spain to cede provinces and territories of the highest 
importance, not only to the eastward, but to the westward of LouU 
mana, and that without proposing any equivalent or compensation. 



52 [155] 

To settle the question of indemnities, you make th« following 
proposals: 

1.. That indemnity for spoliations on American citizens, com- 
mitted by Spaniards or by French within the jurisdiction of Spain, 
as well as for injuries sustained by American citizens by the inter- 
ruption of the deposite at New Orleans, shall be settled by a joint 
commission, as agreed upon in the convention of 1802. 

2. The lands in East Florida and in West Florida, to the Perdido, 
to be made answerable to the United States for the amount of the indem- 
nities which may appear to be due by Spain to American citizens on the 
settlement to be made by commissioners appointed according to the 
convention of 1802; it being at the option of the United States to take 
the lands and pay the amount of the indemnities according to the award 
on the claims, or to sell the lands and effect the payment with the 
proceeds of the sales. To this proposal you add, that all grants of 
land subsequent to the 11th of August, 1802, are to be null and void. 

3. That 'Spain shall be exonerated from the payment of the debts, 
or any part of them. 

Before 1 reply to these three proposals, I must repeat the uniform 
declaration of the Spanish government to the United States, that his 
catholic majesty is, and always has been, ready to settle the question 
of indemnities, with a view to the full satisfaction of the just claims 
of the parties interested; and that his majesty has always manifested 
the same sincere desire to settle definitively the question of bounda- 
ries to the satisfaction of both powers; and that if neither of these 
objects has been accomplished, it has not depended upon the govern- 
ment of Spain. The contrary is evident, beyond the possibility of 
denial-, from the official correspondence between his catholic majesty's 
minister of state, and the plenipotentiaries of the American govern- 
ment who suspended and broke off the negotiation at Aranjuez, after 
having obstinately refused to accept the modifications founded on 
strict justice, which were proposed by the Spanish government. 

I now pvceed to state the most obvious and essential difficulties 
which render your three proposals for the settlement of indemnities 
.inadmissible. I observe that in speaking of them, you only mention 
the indemnify lor spoliations suffered by American citizens, and 
omit that which is equally due to Spaniards for spoliations com- 
mitted on them by the citizens and authorities of this republic, in 
violation of the law of nations and the existing treaty. I also ob- 
serve that you not only omit this indispensable basis of reciprocity 
and common justice, but propose the immediate cession of both the 
Iloricias, which two Spanish provinces are to be retained by the 
United States, as an indemnity or payment of what may appear to be 
due by Spain to American citizens, according to the arbitration of the 
joint commission. 

You cannot fail to admit, sir, that this proposal, independent of 
its injustice, is offensive to the dignity and honor of his catholic ma- 



[155] 



53 



jesty. It is unjust, because it demands an indemnity or anticipated 
payment of claims yet to be proved and liquidated, while, at the same 
time, it provides for no correspondent indemnity or payment of what 
may be due by the United States to Spanish subjects. It is offensive 
to the dignity and honor of Spain, because, by the very fact of demand* 
jng this anticipation, a want of confidence in the integrity and punc- 
tuality in his catholic majesty's government, is manifested, whereas 
a single instance does not exist of Spain having failed in fulfilling her 
engagements, the most scrupulous exactness, good faith andstiict 
observance of the point of honor having at all times invariably form- 
ed the distinguishing traits of her character. It, therefore, becomes 
unnecessary to point out to you the enormous disproportion between 
the value of the two Floridas, and that of the probable amount of the 
claims of American citizens on the government of Spain, after they 
are ascertained and liquidated. This disproportion will be still more 
enormous, when you consider that, in the first of the three proposals, 
to which I am now replying, is included the indemnity for spoliations 
on citizens of this republic by French cruizers and consuls on the 
coasts and in the ports of Spain, and by the tribunals of cassation in 
France, confirming the condemnation of American prizes. 

It has been proved to mathematical demonstration, that Spain 
neither is nor cani>e responsible in any way for this indemnity. It 
is France which must be responsible, if she has not already satisfied 
the claim, as her government assures she has done. 

Nor can I omit to declare to you, sir, that the pretension of an* 
nulling the grants of lands in Florida, since August, 1802, would be 
in opposition to all the principles of justice. These grants are made 
in a lawful manner, and by a lawful authority. Spain was the owner 
and peaceful possessor of those lands. She had then an indisputable 
right to make the grants you allude to, as she now has to the property 
of the territory afterwards forcibly taken possession of by the United 
States, since a violent dispossession never deprives an individyal or 
nation of their lawful rights. I proceed to your last proposal, which 
is, that on the admission of those preceding, Spain shall be exone- 
rated from all obligation to pay the debts or claims, which may be due 
to American citizens, on their settlement and liquidation by the joint 
commission. I conceive this to be the import of the expressions, 
stating that "Spain shall be exonerated from the payment of the debts 
or any part of them." This proposition is a corollary of the two 
preceding it, since if Spain should cede the two Floridas to the 
United States as an indemnity or compensation for the losses and in» 
juries done to the citizens of this republic, she would necessarily be 
exonerated from this responsibility, the cession being, in such case, 
equivalent to a final discharge of the claims referred to. I go far- 
ther. Supposing your two last proposals for the definitive adjust- 
ment of the question of indemnities to be admitted and carried into 
efFect, the one preceding, namely, that which refers this business to 
the award of commissioners, to be appointed by both govern meats', 



[155] 

teably to the convention of 1802, would be useless and contradi*- 
jr. As none of the proposals offered by you, provide any indem- 
nity for the losses and injuries caused to Spaniards, nor even makes 
any mention of them; and as by the two last proposals, if admitted, 
the losses and injuries sustained by American citizens, would be in- 
demnified and compensated, according to the wishes of your govern- 
ment, and Spain would, consequently, be exonerated from all res- 
ponsibility on this head, it is clear, that the business would then be 
settled and cancelled, and there would be no necessity for recurring 
to arbitration. 

Finally, I cannot refrain from expressing my great concern, at 
not being able in any degree to reconcile the proposals you have made 
me by order of the President, with the inviolable principles of com- 
mon justice; and on perceiving, that on the part of the United States, 
no basis is presented of a due reciprocity for the adjustment of the 
differences pending, the said proposals being altogether inadmissible, 
I repeat to you, sir, that the king, my master, being desirous to 
meet the wishes of the United States in respect to the cession of the 
Floridas, although it is well known, how highly important those two 
provinces are to cover and secure the possessions of Spain in that 
part of America, his majesty is ready to cede them, provided he is 
compensated by an equivalent in territory belonging to the United 
States, and bordering on the Spanish possessions; and it is under this 
idea, that the powers and instructions I have from my government, 
are conceived. But you cannot fail to admit, that the plan of ad* 
justment proposed, involves exorbitant and enormous sacrifices to the 
prejudice of Spain, since without offering any equivalent or compen* 
sation on the part of the United States, it requires not only the ces- 
sion of both the Floridas, but also that of immense territories belong* 
ing to the Spanish monarchy westward of Louisiana; and, that in 
relation to the question of reciprocal indemnities, it only comprehends 
those respecting American citizens, omitting those due to the crown 
and subjects of his catholic majesty. This plan of adjustment would 
amount to the following one; "Give me all I wish to ask, and give 
up all you may justly claim or show is yours." I am, however, per* 
fectly persuaded, that this neither is nor can be your intention, or 
that of your government; and that in making these proposals for an 
adjustment, your only object was to afford me an opportunity, to make 
such as you might consider just and admissible. 

I shall, therefore, point out to you such as I conceive to be found- 
ed in jnstice and reciprocal convenience, and therefore cannot fail to 
meet the wishes of the United States. 

1. '"The dividing line between Louisiania and the Spanish pos- 
sessions to be established in one of the branches of the Mississippi } 
either that of La Fourche, or of the Achafalaya, following the course 
of that river to its source. Spain to cede the two Floridas to (fr$ 
fjnited States in full and complete sovereignty." 



[155] 



55 



In case this proposal should not appear admissible to your go- 
vernment, the following maybe substituted: "The uti possidetis, or 
state of possession in 1763, to form the basis, and the western line of 
division to be established from the sea, at a point between the rivers 
Carcasaand the Marmentas or Marmentao, running thence by Arroyo 
Hondo, till it crosses the Colorado of Natchitoches, between that post 
and Adaes, thence northward to a point to be fixed and laid down. 
by commissioners respectively appointed for the purpose." 

2. His catholic majesty, to ratify the convention of 1802, and 
both governments to abide by the decision of the joint commission 
on the question of indemnities, classing as such those which regard 
American citizens and the crown and subjects of his catholic majesty, 
for spoliations reciprocally committed to the period of the said con- 
vention, and thereafter to the date of the confirmation of the adjust- 
ment by the joint commission. Five or seven members to compose 
the commission, with this condition, that if they are five, each go- 
vernment shall respectively nominate a person for the fifth member, 
to be chosen by lot, provided they cannot agree on the person to be 
so chosen; the same to take place for the fifth, sixth, and seventh, if 
there be seven members; but the fifth, in the first instance, and the 
fifth, sixth, and seventh, in the second, shall neither be Spaniards nor 
citizens of the United States by birth or naturalization. They shall., 
moreover, be, by their profession and office, judges of the number of 
those subjects, who among maritime and commercial nations, are 
usually employed to judge and decide on matters connected with 
maritime law and the law of nations, whether in France, England, 
Russia, Austria, or the Netherlands. In both cases, the person s» 
designated, to be provided with a certificate of the government of the 
country he belongs to, proving the opinion entertained of his integrity 
and capacity, his quality and actual profession as a judge in the mat- 
ters referred to, and also the assurance, that permission shall be 
granted to him for discharging the duties of the commission, in case 
the said person shall be chosen by lot. 

With these modifications suggested by prudence, impartiality, 
and the most perfect rectitude, and excluding, as is just, the indem- 
nity for the spoliations committed on the commerce of this republic, 
by French privateers and consuls on the coasts and in the ports of 
Spain, and by the tribunals of cassation in France. The convention 
of 1802 to be ratified and carried into execution. 

3. His Catholic majesty., to unite with the United States in using 
their best endeavors to obtain from France the correspondent indem- 
nity for the spoliations just mentioned, in case that question has not 
already been settled between the French and American govern- 
ments. 

4. The government of the United States to engage to take effectual 
measures to prevent all hostile armaments in their ports and territory 
against the commerce and possessions of Spain, either by Americans or 
any other power, or by adventurers of any other nations, or by the rebels 



of Spanish America; and for their due execution, the President to 
issue positive orders to all persons employed by the government, 
charging them, on their responsibility, to guard against any infraction 
or violation of them whatsoever, extending the same measures to the 
preventing of any vessels employed in cruizing against the Spanish 
commerce or otherwise hostilely engaged against the government and 
subjects of his catholic majesty, from arming in, or entering armed, 
the harbors and waters of the United States. Every vessel of this 
description, found within the jurisdiction of the United States, ^to be 
seized without remission and subjected to the rigor of the law by the 
American office's and authorities; and the vessels and property so 
captured, belonging to the subjects of the crown of Spain, to be laid 
under attachment, and definitively delivered up to his majesty's mi- 
nister, or the nearest Spanish consul, to be held by them at the dispo- 
sal of the lawful owners, This proposal contains nothing beyond the 
obligations, already imposed by the laws of the United States, the 
law of nations, and the existing treaty. But as it is evident to you, 
and to the whole world, that abuses and infractions of these laws and 
solemn compacts, have been, and continue to be, frequently practised, 
it is absolutely necessary that suitable measures be adopted, fully and 
effectually to prevent the repetition of similar abuses and infrac- 
tions. 

By these four proposals, the rights and interests[of both powers 
are reconciled, upon principles of manifest justice and reciprocal uti- 
lity* they settle and terminate all pending differences, in my judg- 
ment, satisfactorily to both nations; and I must presume, that the 
President will view them in the same light, and substantially admit 
them. In case there be any other question of secondary, or minor 
importance, to be in like manner included in the general and defini- 
tive adjustment, it will be easy, and follow of course, after we have 
agreed on the most essential articles or points; we will then also 
determine the true import of the several propositions laid down, and 
explain each one of them with the necessary clearness, accuracy and 
precision. 

If, however, you should find any difficulty or obstacle to the 
acceptance of the proposals, I have now the honor to make to you, 
and are of opinion, that by any other mode we may attain the de- 
sired object, without deviating- from the fundamental principles and 
basis of justice and reciprocal convenience, I will, with great plea- 
sure, be ready to adoptat, provided it be compatible with the powers 
given me by the king, my master. In this view 7 , you can propose 
Siich changes or modifications, as you may see fit, as are calculated 
to remove all difficulties on both sides, and reconcile the rights, in- 
terests and wishes of both powers. 

In the mean time, I hope that the course pursued by the Presi- 
dent (en la marc ha de su conducta) will correspond with the senti- 
ments and uniiertn profession of amity and perfect harmony exist- 



[155] 



57 



itig between his majesty and the United States; and I am therefore 
constrained to reclaim and protest formally, as I now do, against all 
measures whatsoever, injurious to the rights of the crown of Spain, 
and to renew, as I hereby do, the protest already made against the 
occupation of Amelia Island, and against the orders to occupy 
Galvezton, inasmuch as the United States, having no right whatever, 
either to the said island, or to Galvezton, they neither had, nor 
could have, a just motive or cause to sanction similar acts of vio- 
lence in the midst of peace. 

I await your answer to this note, in order that we may accele- 
rate the moment of agreeing on just and fit measures for carrying 
the definitive settlement of all pending differences into effect. 

In the mean time, I renew to you, sir, the assurances of my 
Constant respect. 

God preserve you many years. 

(Signed) LUIS DE ONI& 

Washington* 24th January, 1818. 



No. 11. 

(Translation.) 
The same to the same* 

SIR, 

The multiplicity of business which I believe has, and still ddes 
engage your attention, from the necessity of preparing and laying be- 
fore the Congress, the papers and information called for on different 
subjects, must assuredly have prevented you from replying as yet to 
my note of the 2ith of last month; it is, therefore, unnecessary for me 
to trouble you, by trespassing on your attention, to urge the import- 
ance of your answer, as I feel assured, you are as fully aware of it as 
I am. But the earnest wish I have to accelerate the negotiation that 
has been opened, and thereby to come to a final settlement of the dif- 
ferences pending between his catholic majesty's government and 
yours, impels me to take this step. I therefore request you, sir, to 
be pleased to inform me, as soon as you possibly can, whether the 
proposals offered in my aforesaid note come up to, or approach the 
wishes of this republic; and if, with the view of satisfying them, you 
can devise another just mode, calculated to reconcile the rights of 
both nations upon some principle of reciprocal utility and conveni r 
dice, I hope you will communicate it to me, in full confidence, that I 
8 



58 t 155 3 

shall not hesitate a moment to accede to any modification or expedi- 
ent, founded on a basis of acknowledged justice, and mutual utility, be- 
cause it is to such a basis, that all the instructions and powers I have 
received from my sovereign refer. 

The United States having manifested a wish to obtain the Flori- 
das, his catholic majesty has condescended to accede thereto, as a 
proof of his friendsip and high consideration for the United States, 
and has authorized me to stipulate the cession of those two provinces 
for an equivalent of territory westward of the Mississippi. Having 
proved, on the part of his majesty's government, by the most com- 
plete evidence of which moral facts are susceptible, and by a convic- 
tion in no wise inferior to that of mathematical truths, that the pro- 
per boundaries of Louisiana, eastward of the Mississippi, are denned 
by the course of that river, and thence by the Iberville and the lakes 
M urepas and Pontchartrain; and that to the westward, they never did, 
nor could extend beyond the rivers Carcasu and Marmentas or Mar- 
menteo, running between Natchitoches and Adaes, across Red River* 
and thence northward to aline not yet fixed, andtobe settled by commis- 
sioners to be appointed by both governments, it is clear, that the pro- 
posals offered in my note for the final settlement of the question of 
boundaries, cannot fail to appear advantageous to your government, 
and satisfactory to the just wishes of the United States. But if, for 
their greater satisfaction, you can point out an expedient by which the 
said proposals may be still further modified, without detracting from 
the acknowledged principles ol common justice and reciprocal conve- 
nience, I am ready to attend to, and stipulate it immediately, if it 
comes within the sphere of my powers and instructions; and in case it 
should not, by presenting, perchance, combinations which could not 
be foreseen by his catholic majesty, I will immediately despatch a 
courier to Madrid, to inform my government of the demands of yours, 
and request more ample powers adapted to them. 

The question of indemnities can be attended with no difficulty. 
The Spanish government has always been willing to give due satis- 
faction for the losses and injuries sustained by citizens of this repub- 
lic, and committed bv Spaniards, contrary to the law of nations and 
the existing treaty, but it cannot relinquish its claim to comprehend, 
in like manner, in the adjustment of those losses and injuries, such 
as have been committed by citizens and authorities of this republic, 
on the crown and subjects of Spain, in violation of the same right and 
treaty. Your government, sensible of the justice of this demand, can- 
not tail to accede to it; thus, by ratifying the convention agreed on in 
1802, as I have already proposed to you, the question of indemnities 
will be easily settled and determined. 

The king, my master, being desirous of giving the United States 
and the whole world, incontestable proofs of the rectitude and since- 
rerity of his dispositions, and of his love of justice and good faith, is 
ready to submit all the questions embraced b> the pending differences, 
to the arbitration of one or more of the powers of Europe, in whom 



[155] 5? 

the United States may have the greatest confidence, they and his ma- 
jesty respectively engaging to abide irrevocably by the decision of 
such arbitration. In cases where justice alone is sought for, this re- 
ference must be particularly desirable, and has been frequently re- 
sorted to, as well by individuals, as by the most respectable nations, 
on controverted questions. 

The British government, on being informed of the difficulties at- 
tending the negotiation pending between Spain and the United States, 
made an offer of its mediation for the purpose of reconciling them, 
and the President has not. been pleased to accept it, as I have been 
lately informed by the minister of England to these States. From 
this refusal, I am to infer, that the President is willing, on his part, to 
remove all the obstacles which oppose the prompt and happy termina- 
tion of the negotiation pending, and under this impression, which is 
due to the uprightness, rectitude, and good faith, of the American go- 
vernment, I flatter myself,abat it will not be necessary to have re- 
course to the mediation or arbitration of friendly or neutral powers, 
to settle and terminate on principles of justice, the existing differ- 
ences between the United States and Spain; and if unfortunately this 
should not be the case, I also flatter myself, that your government will 
approve of one of those modes, as being dictated by a sincere love of 
peace and justice due to such occasions. 

I therefore hope, sir, that you will reply, as soon as possible, tothe 
proposals made in my last note, and communicate to me whatever 
you may think most conducive to the happy termination of the pend- 
ing negotiation, and, still further to strengthen the bonds of friendship 
and good understanding between the two nations. 

In the mean while, I have the honor to renew to you, the as- 
surances of my respect, and I pray God to preserve you many years. 

(Signed) LUIS DE ONXS, 

Washington, 10th February, 1818. 



(No. 12.) 

The Secretary of State, to Bon Luis de Onis, Envoy Extraordinary and 
Minister Vlenipotentiary from Spain. 

Department of State, March 12th, 1818. 
SIR, 

The admission in your letter of the ■ 24th of January, that all the 
facts, grounds, and arguments, alleged in your previous notes of 29th De- 
cember, and of 5th and 8th January, in support of the pretensions of your. 



60 [155] 

government, upon the several points of difference which have so long 
subsisted between the United States and Spain, are essentially the same 
as h^d already been advanced and discussed at the period of the extraor- 
dinary mission to Spain, in 1805; while it justifies the reluctance, on the 
part of the American government, manifested in my letter of the 16th 
January, to the renewal of an exhausted discussion, cannot but excite 
some surprize, as comporting so little with the professions of the earnest 
desire of your government to bring those differences to a speedy and hap- 
py termination, which have been so strongly and so repeatedly expressed, 
as well in your notes, as in the recent communications from Don Fran- 
cisco Pizarro to the minister of the United States at Madrid. The ob- 
servation, that truth is of all times, and that reason and justice are found- 
ed upon immutable principles, has never been contested by the United 
States; but neither truth, reason, nor justice consist in stubbornness of 
assertion, nor in the multiplied repetition of error. I referred you to the 
letters from the extraordinary mission of 1805, to Don Pedro Cevallos, 
for an ample and satisfactory refutation of the supposed facts* grounds, 
and arguments (now reproduced by you. You reply by telling me, that 
" there does not appear to be a single incident to give the smallest sup- 
port to the pretentions of my government; that all the vague positions on 
which it has been attempted to found them have been refuted and dissipat- 
ed, by the Spanish government, by a demonstration so luminous and con- 
vincing, as to leave no alternative to reason to resist it." And you, more 
than once, intimate, that the American government does not, itself, be- 
lieve in the validity of the statements and arguments used by its minis- 
ters, in support of the claims of the United States, as asserted by them. 

To language and sentiments such as these, the government of the 
United States cannot reply; nor can it, without an effort, continue at all 
a discussion sullied by such unworthy and groundless imputations. 

I am directed by the President to confine the observations upon your 
late notes, to those parts of them which have relation to the essential sub- 
jects of controversy between the two nations. 

To give a single instance of that course of argument, which you re- 
present as equivalent to mathematical demonstration in favor of Spain, 
it will be sufficient to refer to your assertions, in relation to the question 
of the eastern boundaries of Louisiana, as retroceded to France by the 
treaty of St. Ildephonso, in 1800, and ceded by France to the United 
States in 1805. The claim of the United, under that cession to the terri- 
tory, east of the Mississippi, as far as the river Perdido, rests, as you well 
know, upon the words in the two treaties, describing the colony or pro- 
vince of Louisiana, ceded by them, as having the same extent, not only 
that it had at the time of the retrocession in the hands of Spain, but also 
that it had when France possessed it, and such as it should be, after the 
treaties subsequently entered into between Spain and other states. You 
know also with what force it was urged by the ministers of the United 
States at Aranjuez, in 1805, that those words, referring to the primitive 
possession of the province by France, could have had no other meaning 
than that of extending the retrocession to the Perdido, because the pro- 
vince had always had that extent when in the possession of France. And 
what is your reply to tins argument, which you are pleased to include un- 
c'er the general censure of vague and groundless positions? It is no other 
than the supposition of a treaty of 1T64, by virtue of which you say 



[1553 



61 



France ceded the western remnant of Louisiana to Spain, a year after 
having ceded the eastern part of it, from the Mississippi to the Perdido, 
to England. With the aid of this treaty, you are enabled, first, to discov- 
er an interval of time between the two cessions, and during which France 
possessed Louisiana, bounded eastward by the Mississippi; and, secondly, 
to include this treaty between Spain and France among those described 
in the article of the treaty of St. Ildephonso, as " the treaties subsequent- 
ly entered into between Spain and other states" 

There is reason to believe that no such treaty of 1764 ever existed; 
that the cessions of Louisiana, westward of the Mississippi, to Spain, and 
eastward of that river to the Perdido to England, were made by France 
both on the 3d of November, 1762, is certain, and that the acceptance by 
the king of Spain of the cession made to him, took place on the 13th of 
the same November, 1762; the proof of which is in the very order from 
the king of France to L'Abbadie, for the delivery of the province to the 
officers of the king of Spain. The province had never belonged to France 
a single day, without extending to the Perdido. Nor can it be necessary 
to remind you that the very treaty of cession, by which France surrender- 
ed her possession of Louisiana to Spain, cannot be comprehended in the 
description of treaties subsequently entered into between Spain and other 
states. 

As this simple reference to a notorious and unquestionable fact an- 
nihilates all that course of reasoning upon which your understanding re- 
jects all doubt, so a recurrence to another fact, equally notorious, replies 
as decisively to your appeal to the treaty of 6th February, 1778, between 
the United States and France. You say that in the year 1800, France 
could not have acquired any territory east of the Mississippi, without a 
monstrous violation of that treaty, forgetting that that treaty, and all its 
obligations upon France, had, before the year 1800, ceased to exist 

The fact, that the cessions of the two parts of Louisiana, to Spain 
and England, were made on the same day, may serve no less as a reply to 
all the verbal criticisms, so gravely urged by Mr. Cevallos, and now re- 
peated by you, on the force of the terms retrocede and retrocession, used 
in the treaty of St. Ildephonso. The plain import of the words is neither 
more nor less than giving back, restoring. It does not, and cannot be 
made to imply, that both the parties to the restoration must, of necessi- 
ty, be the same as both the parties to the grant. They only imply that 
the object and the party granting, or the party receiving it, as restored, 
are the same. To use an illustration from the concerns of individual 
life — Suppose A, by two separate deeds, grants half an acre of laud to 
B, and the other half to C. B, by subsequent purchase obtains the half 
acre granted to C, and then regrants the whole acre back to A. By what-, 
ever denomination the two half acres may have been called, in the inter- 
val between the first grant and the restoration, B might, with the most 
perfect propriety, be said to retrocede the whole; and if in the act of res- 
toration the acre should be called by the same name, and expressly de- 
scribed as having the same extent as when it had been first owned by A, 
with what shadow of justice could B pretend that his regrant was only of 
the half acre he nad first received from A, because the other half acre 
bad, in the interval, been called by another name, and for some time own- 
ed by another person? That the term retrocession, is in common use, in 



62 [155] 

this sense, take the following passage from the English translation of Al- 
cedo's Dictionary. 

" By a treaty in 1783, Great Britain retroceded to Spain all the ter- 
ritority which both Spain and France had ceded to Great Britain in 1763.'* 

There would then be nothing in the terms retrocede or retrocession, 
Which could limit the territories restored by Spain to the boundaries under 
which she had first received part of them from France; even if the original 
cessions of the two parts had been made at different times; and even if 
those words, " with the same extent it had when in the hands of France," 
had not been inserted in the treaty of St. Ildephonso. But when it is 
considered that the cessions by France, of the two parts of Louisiana 
were made to Spain and to England on the same day, when we know that 
the cession of the part ceded to England, had been made for the benefit 
of Spain-, as it was an equivalent for the restoration by England of the 
island of Cuba to Spain, and when we seek for any possible meaning to 
the words referring to the extent of Louisiana, when before owned by 
France, to our minds, sir, the conclusion is irresistible, that the terms re- 
trocede and retrocession can have, in this case, no other meaning; than 
that for which we contend, and that they include the giving back to France 
the whole of Louisiana, which had ever belonged to France, and which it 
was, at the time of the signature of the treaty of St. Ildephonso, in the 
power of Spain to restore. 

By the words in the third article of the treaty of St. Ildephonso, 
adopted in the treaty of cession of 1803 to i\\a United States, Spain re- 
trocedes to France the colony or province of Louisiana, with the same 
extent that it " now has in the hands of Spain, and that it had when 
France possessed it, and such as it ought to be after the treaties subse- 
quently entered into between Spain and other states." At the negotia- 
tion of Aranjuez in 1805, your alleged treaty of 1764, never occurred 
to the imagination of M. Cevallos, as one of these subsequent treaties; 
for, after citing this clause of the article, he says, in his letter to Messrs. 
Pinckney and Monroe, of the 24th February, 1805, "the treaties here 
alluded to, are not, nor can be others than those of 1783, between Spain 
and England, and 1795, between Spain and the United States," The 
American ministers, in their answer of 8th March, 1805, explicitly agree 
in opinion with Mr. Cevallos on this point; and your intimation of a treaty 
of 1764, to which you suppose the clause also to apply, is as incompatible 
with the pretensions of your own government in 1805, as with those of 
the United States at this day. 

To account for the peculiar phraseology used in this description, 
inserted in the third article of the treaty of St. Ildephonso, we must advert 
to the peculiar situation of the territory to be conveyed, and to what must 
have been the intention of the parties. It was a colony or province to be 
restored; and therefore the object of France could have been no other 
than to obtain the restoration of the whole original colony, so far as it was 
in the power of Spain to restore it. But there was a part of the original 
colony, which had been ceded by France to England, which had, in pro- 
cess of time, become a part of the United States, and which not being then 
in the hands of Spain, she could not restore. There was another part 
which had been ceded by France, directly to Spain, which still remained 
in her hands, but subject to certain conditions stipulated by Spain, in a 



[155] 



6? 



treaty with the United States; and there was a third part whfch France 
had ceded to England, in 1762, but which had afterwards fallen into the 
hands of Spain, and which she was equally competent to restore, as if it 
had been ceded by France to herself. As the boundaries of this colony 
or Province never had been precisely defined, and had been, fromats first 
settlement, a subject of dispute between France and Spain, the parties 
had no means of recurring to any former definition of boundaries, to carry 
their intention into effect; as they had no geographical lines or landmarks 
to which they could recur, they assumed their definition from circumstan- 
ces incidental to the present and past time. If the intention had been to 
cede back the province, only with the extent it actually had in the hands 
of Spain, the parties would have said so, and omitted the other clause^ 
which, in that case, would have been not merely superfluous, but tending 
to perplex that which would have been clear without it. If it had 
been intended that Spain should restore to France, only what she had re- 
ceived from France, nothing could have been more clear and easy than to 
have said so; but then, the reference to the extent of the colony, when 
France possessed it, would have been not merely absurd, but contradicto- 
ry to that intention. The very use of both the terms, province or colony 9 
shows that the parties were looking to the original state, as well as to the 
actual condition of the territory to be restored. Louisiana, the actual 
Spanish province, was one thing, and Louisiana, the original French colo- 
ny, was another; the adoption of both the words, is of itself a strong pre- 
sumption, that the intention was to restore, not only the actual province, 
but so much of any other province, as was then in the hands of Spain, and 
had formed part of the original French colony. 

Assume the intention of the parties to have been that for which we 
contend, and under the existing circumstances they could scarcely have 
expressed it by any other words than those which are found in the article* 
Assume that they had any other intention, and you can find no rational 
meaning for their words. The province was to be restored, with the ex- 
tent it actually had in the hands of Spain: the colony was to be restored, 
with the extent it had when formerly possessed by France. Spain could 
not restore the parts of the original colony which were not in her actual 
possession, and which already formed parts of the western states and ter- 
ritories of this Union; but she could restore that part of the colony, of 
which she had become possessed by a treaty of 1783, with Great Britain. 
Mr. Cevallos urged with some earnestness, that the first clause having 
marked the extent of the colony or province, such " as it then had in the 
hands of Spain," it would be inconsistent and absurd to suppose, that the 
words " and that it had when France possessed it/* could be intended 
to mark a greater extent, because it would be saying in one breath, that 
the cession was of the same extent, and of more than the same extent, 
that it had in the possession of Spain. But there is xio absurdity or incon- 
sistency in modifying, by one clause of a definition, an extent described in 
another clause of the same definition; no more than, in the description of 
a surface, the line in breadth is inconsistent with the line in length.. Ac- 
cording to this argument of Mr. Cevallos, the words "and that it had 
when France possessed it," had no meaning at all; they merely repeated, 
whatjiad been fully and completely expr-e^sed by the preceding clause; 
but if tiiey had no meaning, what possible motive 'could the parties have 
.tor inserting them, when it must have been perfectly familiar to the me- 



64 [155J 

morv of both, that the extent of the province or colony, when in the hands 
of France, had included West Florida to the Perdido, which territory 
was also then in the actual possession of Spain* If it were possible to 
suppose that the ministers of France and Spain, in the very article defin- 
ing the extent of the country to be conveyed, could have been so careless 
as to admit an idle waste of words, the very composition of this article 
carries internal evidence with it, that no such improvidence is imputable 
to those by whom it was drawn up. The reference to the extent of the 
colony in the primitive possession of France, could not be to a time 
when the property of it had been no longer hers. It could not be to say 
over again, what had been said in the immediately preceding clause: every 
word of the description carries with it evidence of deep deliberation 
and significance. The first clause marks the intention of the parties, by 
the incident of actual possession by Spain; all of which was to be re- 
stored; the second clause modifies by enlarging the extent, from the inci- 
dent of original possession by France; and the third clause modifies, by 
restricting the grant to the conditions which Spain had stipulated con- 
cerning the territory, with other states. Altogether, the clear and ex- 
plicit meaning of the whole article is, that Spain should restore to France 
as much of old French Louisiana as she had to restore; but under such 
restrictions as the engagements contracted by Spain with other powers 
required of her good faith to secure. 

Let us pass to the consideration of the western boundaries of Loui- 
siana. 

With the note of Messrs. Monroe and Pinckney to Don Pedro Ce- 
vallos, of 28th January, 1805, a memoir upon these boundaries was pre- 
sented to that minister, proving that they extended eastward to the Perdido, 
and westward to the Rio Bravo, or Grande del Norte. They observed in that 
note, that "the facts and principles which justify this conclusion, are s» 
satisfactory to their government, as to convince it that the United States 
have not a better right to the island of New Orleans, under the cession 
referred to, than they have to the whole district of territory thus de- 
scribed." 

In their note of the 20th April, 1805, to the same minister, replying 
to his argument in support of the pretensions of your government with 
regard to those limits, they lay down and establish, by a chain of rea- 
soning, which neither Mr. Cevallos, at the time, nor your government, at 
any period since, have ever attempted to break, three principles, sanc- 
tioned alike by immutable justice, and the general practice of the Euro- 
pean nations, which have formed settlements and held possessions in this 
hemisphere; and by the application of which to the facts also stated in 
their note, this question of the western boundary ought then to have 
been, and, eventually, must be settled. These principles were, 

First. " That when any European nation takes possession of any extent 
of seacoast, that possession is understood as extending into the interior 
country, to the sources of the rivers emptying within that coast, to all 
their branches, and the country they cover, and to give it a right in ex- 
exclusion of all other nations to the same." 

Secondly. " That whenever one European nation makes a discovery 
and takes possession of any portion of this continent, and another after- 
wards does the same at some distance from it, where the boundary be- 



[155] 



G5 



tween them is not determined by the principle above mentioned, that the 
middle distance becomes such of course." 

Thirdly, " That whenever any European nation has thus acquired a 
right to any portion of territory on this continent, that righ, can never 
be diminished or affected by any other power, by virtue of purchases 
made by grants or conquests of the natives, within the limits thereof.'' 

The facts stated in this last mentioned note, and to which these 
principles were applied in support of the claim of the United States, un- 
der the cession of Louisiana by France to them, were, 

t. That the Mississippi, in its whole length to the ocean, was disco- 
vered by French subjects from Canada, in 1G8S. 

2. That La Salle, a Frenchman, with a commission and authority from 
Louis XIV., discovered the bay of St. Bernard, and formed a settlement 
there, on the western side of the river Colorado, in the year 1685, and 
that the possession, thus taken, in the bay of St. Bernard, in connexion 
with that on the Mississippi, had always been understood, as of right it 
ought, to extend to the Rio Bravo. 

3. That the boundary, thus founded upon possession, was described 
as forming- the limits of Louisiana, in the grant by Louis the XiVth, to 
Crozat, in 1712. 

4. That it was supported by the testimony of the historical writers, 
Du Pratz and Champigny; by a historical and political memoir on 
Louisiana, written by the count de Vergennes, the minister of Louis the 
XVIth; by a chart of Louisiana, published in 1762, by Don Thomas 
Lopez, geographer to the king of Spain; and by a map of De Lisle, of 
the Academy of Sciences, at Paris, revised and republished there in 
1782. 

To these principles, thus clear, equitable and explicit — to these 
facts, thus precise, authentic and unsophisticated, what was opposed by 
Don Pedro Cevailos at that time, and what is now alleged by you? 

Mr. Cevailos began by admitting that the western limits of Loui- 
siana had never been exactly fixed; and alleged, that in the year 1690, five 
or six years after the possession taken and the settlement formed by La 
Salle, captain Alonzo de Leon, under a commission from the viceroy of 
Mexico, examined the bay of Espiritu Santo, (St. Bernard,) took posses- 
sion of the territory, and founded the mission of St. Francisco de Texas. 
Mr. Cevailos asserted, that it would be very easy to make it appear, that 
France never had claimed this extent for Louisiana; but he did not make 
it appear. He also said that if France had claimed it, Spain had never 
recognized, and was not bound to acknowledge, the claim. 

Mr. Cevailos said that the limits between Louisiana and the Texas 
had always been known, even when the French possessed Louisiana; but 
he had just before acknowledged, that they had never been fixed. He 
spoke of missions founded near the beginning of the last century by the 
venerable Margel, of the order of St. Francisco; he alluded to plans and 
documents and historical relations, which were not to be found in his 
department, but many of which, he added, were in the department of the 
interior, besides those which were in the viceroyalty of Mexico. But he 
never pretended a possession, by Spain, of the territories in question, of 
an earlier date than 1690. 

And what are these plans, and documents, and historical relations, 
wjuxh, after the lapse of tliirteen years, you haye drawn forth nom all 
9 



U [155} 

*he archives of Spain and all the historical disquisitions, upon the disco* 
very and conquest of the New World? Is it to that catalogue, biographi- 
cal and geographical, of Spanish adventurers, and of the numberless re- 
gions explored by them in the sixteenth century, which swells your note 
of the 5th of January, that we are to look for the limits of Louisiana and 
Texas? Oris it to that * Royal order issued by Philip the Second, enjoin- 
ing the extermination of all foreigners who would dare to penetrate into 
the Gulf of Mexico,*' by virtue of which the viceroy fitted out the expe- 
dition to scour the country and hunt out the French of La Salle's settle- 
ment; is it to that royal order that you appeal for proof of the prior title 
of Spain? It is even so. But as the voyages of Ponce de Leon in 1511, 
of Francisco de Garayin 1518, and of Hernando de Soto in 1538, have 
no more bearing upon this question than the voyages of Christopher Co- 
lumbus and Sebastian Cabot, so you must be sensible that the royal ex- 
terminating order of Philip the Second, if it proved any thing, would 
prove fatal to the whole province or colony of Louisiana. If that order 
cculd have been carried into execution, no such colony as that of Loui- 
siana could ever have been established by France. That order, and any pro- 
ceeding of the viceroy of Mexico under it, can no more affect the right 
of the United States to the limits marked by the settlement of La Salle, 
than it can impair their title to the island of New Orleans. Far more ho- 
norable would it be, sir, to the character of your nation and the credit of 
your government, to bury, in the profoundest oblivion, the memory of that 
atrocious order, than at this day to produce it, for the purpose of bolster- 
ing up a title, for which you have in vain ransacked the records of the 
Spanish monarchy to discover a better support. 

To the efficacy, however, of this royal order, your whole argument, 
in behalf of the pretentions of your government, perpetually recurs; for 
although in some passages of your note, you appear disposed to allow to 
the colony of Louisiana, at least the eastern banks of the Mississippi, yet 
you are as frequently shrinking even from this concession, and repre- 
senting the whole colony as an encroachment upon the dominion of Spain; 
at one time representing it as a profound stratagem of Louis the four- 
teenth, seizing with rapacious avidity, the unsuspecting moment of con- 
fidence of his grandson Philip the fifth, while placing him upon the throne 
of Spain; and at another, holding it up as the act of a disordered imagi- 
nation of the same Louis fourteenth, manifested in the grant of 1712, to 
Crozat. This grant you pronounce to be absurd and completely despi- 
cable; but for what reason it is not easy to conjecture. It certainly does 
not favor the pretensions of your government, and it has none of the ex- 
terminating features of the royal order of Philip the second; but we con- 
sider it, as it has always been considered by the world, as a document, not 
only indicative of sound judgment and discretion, but as marking the li- 
mits of Louisiana, as always claimed by France, and transferred, as re- 
lates to the western limits, with her title to that province, to the United 
States. 

It is remarkable, that in imitation of Mr. Cevallos, you also, after re- 
peatedly insisting that the boundaries of Louisiana were well known, and 
always acknowledged by France, finally conclude by admitting, that they 
never were fixed or agreed upon. You repeat, time after time, that the 
French never disputed the right of Spain to all the territory westward, of 
ifte Mississippi, while you cannot deny the settlement of La Salle at the 



[155] 



67 



Bay of St. Bernard, in 1G84; nor that the French settlements of Natchez 
and Natchitoches were made and maintained in spite of all the military 
expeditions, rigorous executions, and exterminating orders, which the 
viceroys of Mexico could send against them. 

g We may admit that so long as the Spanish viceroys could extermi- 
nate every foreigner who dared to penetrate into the Gulf of Mexico, they 
had the royal order of Philip the second for so doing. The bull of 
pope Alexander the sixth is a document of still earlier date, and at least 
of less disgusting import, upon which Spain once rested her claims to yet 
more extensive dominion in this western world. With equal show of rea- 
son, and with less outrage upon the rights of humanity, might you have 
alleged that bull as the incontrovertible proof of the Spanish claims, as to 
bring forth at this day, for its only substitute, that royal order of Philip 
the second. 

You know, Sir, and your own notes furnish,, themselves, the most 
decisive proofs, that France, while she held the colony of Louisiana, never 
did acknowledge the Mississippi as the western boundary of that pro- 
vince. The claim of France always did extend westward to the Rio Bra- 
vo, and the only boundaries ever acknowledged by her, before the cession 
to Spain of 3d Nov. 1762, were those marked out in the grant from Louis 
fourteenth to Crozat. She always -claimed the territory, which you call 
Texas, as being within the limits, and forming part of Louisiana; which in 
that grant is declared to be bounded westward by New .Mexico, eastward 
by Carolina, and extending inward to the Illinois and to the sources of 
the Mississippi, and of its principal branches- 
Mr. Cevallos says that these claims of France were never admitted 
nor recognized by Spain. Be it so. Neither were the claims of Spain 
ever acknowledged or admitted by France; the boundary was disputed 
and never settled; it still remains to be settled; and here is a simple state- 
ment of the grounds alledged by eaeh of the parties in support of their 
claims: 

On the part of the United States. 
1. The discovery of the Mississippi, from near its source to the ocean s 
by the French from Canada, in 1683. 

2. The possession taken and establishment made by La Salle, at the 
Bay of St. Bernard, west of the rivers Trinity and Colorado, by authority 
ftom Louis fourteenth, in 1685. 

3. The charter of Louis fourteenth to Crozat, in 1712. 

4. The historical authority of Du Pratz and Champigny, and of the 
Count de Vergennes. 

5. The geographical authority of De Lisle's map; and especially that 
of the map of Don Thomas Lopez, geographer to the king ol Spain, pub- 
lishedinl?62. 

These documents were all referred to in the letter from Messrs. 
Pincfcney and Monroe to Mr. Cevallos, of 20th April, 1805. Since which 
time, and in further confirmation of the same claims, the government of 
the United States are enabled to refer you to the following. 

6. A map published by Homann at Nuremberg, in 1712. 

7. A geographical work, published in 1717, at London, entitled 
Atlas Geographicus, or a Complete System of Geography Ancient and 
Modern, in which the map of Louisiana marks its extent from the Rio 
Bravo to the Perdido. In both these maps, the fort built by La Salle is 
laid down on the spot now called Matagorda, 



68 [155J 

8. An official British map, published in 1755, by Bowen, intended 
to point out the boundaries of the British, Spanish and French colonies 
in North America. 

9. The narratives published at Paris, of Hennepin, in 1683; of Tonti, 
in 1697; and of Joutel,in 1713. 

10. The letter from colonel La Harpe to Don Martin D'Alarconne, 
of 8th July, 1719. (A. 1. B. 2.) 

11. The order from the French governor of Louisiana, Bienville, te 
La Harpe, of 10th of August 1721. (C, 3.) 

12. The geographical work of Don Antonio de Alcedo, a Spanish 
geographer of the highest eminence; this work and the map of Lopez 
having been published after the cession of Louisiana to Spain, in 1762, 
afford decisive evidence of what Spain herself considered as the western 
boundary of Louisiana, when she had no interest in contesting it against 
another state. (D. 4.) 

On the part of Spain. 

1. The voyages of Ponce de Leon, "Vasquez de Ayllon, Panfilo de 
Narvaez, Hernando de Soto, Luis Moscoso, and other Spanish travellers, 
in the sixteenth century, who never made any settlement upon any of the 
territories in question; but who travelled, as you observe, into countries 
too tedious to enumerate. 

The establishment of the new kingdoms of Leon and Santander, in 
1595, and the province of Cohaquila, in 1600. 

3. The province of Texas, founded in 1690. 

Here you will please to observe begins the conflict with the claims of 
France to the western boundary of Louisiana, transferred by the cession 
of the province to the United States. The presidios, or settlements of 
Las Texas were, by your own statement, adverse settlements to that of 
La Salle, who, six years before, had taken formal possession of the coun- 
trv in the name of, and by authority of a charter from, Louis fourteenth. 
They were preceded by an expedition from Mexico the year before, that 
is 1689, to hunt out the French remaining of the settlement ef La Salle. 
Now, what right had the viceroy of Mexico to hunt out the French who 
had formed a settlement under the sanction of their sovereign's authority? 
You will tell me that frorn the time when Santa Fe, the capital of New 
Mexico, was built, Spain considered all the territory east and north of 
that province, as far as the Mississippi and the Missouri, as her property; 
that the whole circumference of the Gulf of Mexico was hers; and that 
Philip the second had issued a royal order to exterminate every foreigner 
who should dare to penetrate to it; so that the whole question of right be- 
tween the United States and Spain, with regard to this boundary, centres 
in this — the naked pretension of Spain to the whole circumference of the 
Gulf of Mexico, with the exterminating order of Philip the second on one 
side, and tie actual occupancy of Frame, by a solemn charter from Louis 
fourteenth, on the other. Weil might Messrs. Pinckney and Monroe write 
to Mr. Cevallcs, in 1805, that the claim of the United States to the boun- 
dary of the Rio Bravo was as clear as their right to the island of New 
Orleans! \ 

In the letter of Messrs. Pir.ckney and Monroe to Mr. Ceval- 
los of the 20th of April 1805, referring to the historical documents 
relative to the discovery and n .roingof Louisiana, ihe\ state that the 
Mississippi was discovered, with "its waters and dependant conn- 



[1553 



69 



try as low down the river as the Arkansas, by the Sieurs Joliet and 
Marquette, from Canada, as early as the year 1673, and to its mouth 
ay the father Hennepin, in 1680; and by De la Salle and Tonti, who 
descended the river with sixty men to the ocean, and called the coun- 
try Louisiana, in 1682; and in respect to the bay of St. Bernard in 
1685." That this was done at these periods in the name and "under 
the authority of France, by acts which proclaimed her sovereignty 
Dver the whole country, to other powers in a manner the most public 
and solemn, such as making settlements and building forts within 
it." 

To this Mr. Cevallos made no replv in 1805. But you, after 
giving an account of the murder by Spaniards of Rene de Laudon- 
niere, observe, that " the story related of a Recollet Friar, called 
father Hennepin is still more ridiculous, who is said to have been 
made a prisoner by the Indians at the time they were at war with the 
French of Canada, and taken to the Illinois, whence he was occupied 
in exploring the country as far as the banks of the river St. Louis or 
Mississippi, of which he took possession in the name of Louis the 
Fourteenth, and gave it the name of Louisiana, (doubtless in his 
secret thoughts and by a mere mental act.)" You add, that these ac- 
counts and others of the like nature are '-'contemptible in themselves 
even although the facts they relate were authentic, since nothing can 
be inferred from them that can favor the idea started by those who 
speak of those transient adventures and incursions." 

,1 have in my possession, sir, and it shall, when you please, be 
subject to your inspection, a volume, published at Paris in the year 
1683, the title of which is, "Description de la Louisiane, nouvelle- 
nient decouverte, au Sud-Ouest de la ISouvelle France, par ordre du 
Roy> dedice a sa majeste. Par le R. P. Louis Hennepin, Missio- 
naire Recollet et Notaire apostolique." (Description of Louisiana 
recently discovered to the southwest of New France, by order of the 
king. Dedicated to his majesty by the Rev. Father Louis Hennepin, 
a Recollet missionary and apostolic notary.) In the preface to the 
king, the author says — "Sire, 1 should never have dared to take the 
liberty of offering to your majesty, the narrative of a new discovery, 
which the Sieur de la Salle, governor of Fort Frontenac, my compa- 
nions and myself have just made to the southwest of New France, if 
it had not been undertaken by your orders." u We have given the 
name of Louisiana, to this great discovery, being persuaded that your 
majesty would not dtsapprove that a part of the earth watered by a 
river of more than eight hundred leagues, and much greater than 
Europe, which may be called the delight of America, and which is 
capable of forming a great empire, should henceforth be known by 
the august name of Louis, that it may thereby have a sort of right 
to your protection, and hope for the advantage of belonging to you." 
Now, sir, permit me to request you to compare this authentic 
statement, with that perversion ot all historical evidence, by which you 
have styled and have attempted to make the story of father Ilenne- 
piojs discovery pf Louisiana ridiculous, Jlere is a book published at 



70 [155] 

Paris, dedicated to Louis the XlVth, at the most glorious period of 
his reign, declaring to the world the discovery of Louisiana— decla- 
ring that it was made by his orders, and called by his name, for the 
express purpose of entitling it to become his property* Is this con- 
temptible? Is this a secret thought, or a mere mental act? Is this 
a transient adventure or incursion? And after calling this information 
too vague and uncertain, upon which to found a title, can you talk of 
the rights of possession derived to Spain from the travels of Ponce 
de Leon, Francisco de Garay, and Vasquez de Ayllon? 

Your view of the expeditions and adventures of La Salle, is 
equally remote from the real and well authenticated fac s. "Let us 
see," you say, "what importance can be attached to what is said of 
Bernard [Robert] de la Salle, who in 16T9 descended from Canada 
to the Mississippi, and there built Fort Crevecoeur according to Mr. 
du Pratz, or Fort Prudhomme, according to others. What is certain, 
amounts to this, that he only made a rapid incursion from Canada to 
the Mississippi, as any other adventurer might do, crossing the terri- 
tories of another nation; that he returned to Quebec, without any fur« 
ther result, than that of an imperfect exploration of the country, and 
that he embarked at Quebec for BVance, from whence he returned ia 
1684, with an expedition composed of four vessels, commanded by 
captain Beaujeu to explore the mouth of the Mississipi," &c. In 
this passage you represent, 

1. The facts attending the expedition of La Salle as uncer- 
tain, 

2. That he only made a rapid incursion, as a private adventurer, 
and, so far as related tahis exploring expedition, with an imperfect 
result. 

3. That he only went from Canada to the Mississippi, and thence 
returned to Quebec, whence he embarked for France. 

4. That he only crossed the territories of another nation, (mean- 
ing Spain.) 

I examine this part of your note, with a minuteness, which wilt 
be tedious to you, because it is precisely upon the character of La 
Salle's expeditions that the grant of Louisiana to Crozat, by Louis 
the XlYth, is in express terms fouuded; because you have represen- 
ted these expeditions in the colours thus marked, with the avowed 
purpose of weakening the original title of Louisiana, and because you 
know that the characters, diametrically opposite, which I shall now 
prove to have belonged to them, must lead to the result of an incon- 
testable title, in France, and consequently, at this time, in the United 
States. 1 answer the above insinuations, in the order in which they 
have been stated. 

There are three narratives of the expeditions of La Salle, all 
published at Paris, by persons who accompanied him in them. 

The first in 1683, by father Louis Hennepin; the same volume 
from which 1 have already presented you an extract. 

The second by the chevalier Tonti> governor of Fort St. Louis, 
at the Illinois, published in 1697, 






[155] 



71 



The third by Joutel, who was with him In his last expedition, 
&nd almost by his side when he fell by the hands of an assassin. 

Of all the heroic enterprizes, which in the sixteenth and seven- 
teenth centuries signalized the discoveries of Europeans upon this 
continent, there is not one, of which the evidence is more certain, 
authentic, and particular, than of those of La Salle. 

La Salle, after having residing many years in Canada, as govern* 
or of fort Frontenac, formed the project of exploring the country 
from thence to the Gulph of Mexico, and of taking possession of it, 
in the name of his sovereign. He went to France for the purpose of 
obtaining the sanction to his enterprize; "his majesty, (says Tonti,) 
not content with merely approving his design, caused orders to be 
given to him, granting him permission to go and put it in execution! 
and to assist him to carry so vast a project into effect, shortly after 
the necessary succors were furnished him, with entire liberty to dis- 
pose of all the countries which he might discover." 

He sailed from La Rochelle the 14th of July, 1678, and arrived at 
Quebec, the 16th of September. On the 18th of November, of the 
same year, he left fort Frontenac, to proceed upon his expedition with 
thirty men, Tonti and Father Hennepin being of the company* 
After spending more than a year in traversing the four Lakes, now 
known by the names of Ontario, Erie, Huron and Michigan, and 
erecting forts at suitable places, where he landed; from them he em- 
barked upon the Illinois river, and having descended it for some dis- 
tance, was obliged to stop, from the disappointment of losing a boat 
from which he expected supplies. Here, upon the Illinois river, he 
built fort Crevecceur — divided his company into two separate parties, 
one for ascending the Mississippi to its source, and the other for 
proceeding down that river. Father Hennepin was of the former: 
of these parties, and in their progress upwards, which they accom- 
plished higher than the Fails of St. Anthony, was taken prisoner 
by the Indians, and, after some time, was released by them; found 
his way back to Quebec, and thence returned to France, and pub- 
lished the book of which I have spoken. In this book, published 
in 1683, at Paris, and marked as having been finished printing the 
5th of January, of that year, three months before La Salle had reach- 
ed the mouth of the Mississippi, there is a map of the river as 
far down as Hennepin descended it, after he parted from La Salle, 
and upwards, to the Falls of St. Anthony, and the river Si. Francis, 
above them; at some distance above which, within a few leagues of 
its source, is the Oak Tree upon which the arms of France were 
carved, by the detachment from La Salle's expedition, authenticating 
with the most minute precision, the discovery of the Mississippi, to 
within a small distance of its source, as well as it3 course to the Gulf 
of Mexico. On the same map are also marked the fort at the 
Miamies. and that of Crevecoeur, on the Illinois river, constructed 
by La Salle's orders. 



72 [155] 

In the meanwhile La Salle was obliged to leave the other part 
of his company, under the command of Tonti, and go back to Fort 
Frontenac, for the supplies and reinforcements which had failed him, 
by the loss of his boat. He returned and joined them again, in No- 
vember, 1682, proceeded down to the Mississippi, and to the mouth 
of the Wabash, where they built the fort Prud'homme, which you 
have confounded with that of Crevecoeur, after which they continued 
descending and successively meeting the Cappa. Arkansas, Tensas, 
Abenake, Tacucas, and Natchez Indians, and, on the 7th of April, 
16S3. reached the mouth of the Mississippi, where, after the reli- 
gious solemnity of a Te Deum, they took formal possession of the 
country, erected a cross, fastened the arms of France upon a tree, 
and built several huts, which they surrounded with suitable intrench- 
ments. La. Salle, having thus accomplished the object of bis expe- 
dition, returned by the same way, ascending the river, to his fort of 
Prud'homme, which he reached on the 12th of May, and where he 
was some time detained by sickness. " On his arrival at Quebec, 
(says again Tonti,) he informed the whole city of his great discove- 
ries, and of the voluntary submission of so many different Indian 
nations to the power of the king. A Te Deum was celebrated as a 
thanksgiving for this happy accession to the glory of the crown, The 
eagerness of Mr. de la Salle to go and make known to the king and 
his ministers the success of his travels, obliged him to hasten his de- 
parture. He left Canada in the beginning of October, 1683." On 
his return to France he was received with many marks of distinction 
by the king and his ministers, and a new expedition was fitted out of 
four vessels and nearly three hundred persons, for the purpose of 
forming a colony at the mouth of the Mississippi. One of these 
ships was a frigate of the king, of 40 guns, commanded by Mr.de 
Bteatyeu, in which La Salle himself, his brother Cavelier, and the 
principal persons belonging to the expedition embarked. Another 
was a smaller armed vessel, which the king had given to La Salle, 
The third, a flute of three hundred tons, laden with all the articles 
necessary for the settlement of the country; and the fourth, a small 
sloop cf 30 tons, freighted for St. Domingo, where the expedition 
stopped on its way, but before their arrival at which, this last vessel 
was taken by Spanish cruizers. This expedition sailed from La Ho- 
chelle on the 24th of July, 1684. 

They failed in finding the mouth of the Mississippi, their desti- 
nation; an accident similar to that which had happened to the first 
setders of New England; and after many disasters, landed and built 
a foit in February 1685, at the head of the bay of St. Bernard, or as 
they call it, of St. Louis, and westward of the river Colorado. Beau- 
jeu returned with the frigate to France; the two other vessels were 
lost in the bay; and La Salle, after several unsuccessful attempts to 
find the Mississippi, on the 12th of January, 1687, left, at his fort, 
twentv persons, including seven women, under the command ofLe 
Barbier, and took his departure with sixteen others, to go by land t& 



[155] 



73 



the Illinois, and thence through Canada to France, to seek further 
reinforcement and supplies. On this journey he was basely assassin- 
ated on the 19th of March, 1687, by two of his own men, and left a 
name among the illustrious discoverers of the new world, second 
only to that of Columbus, with whose history and adventures, his 
own bear in many particulars, a striking resemblance. His brother 
Cavelier, however, with Joutel, father Anastase and several others of 
the party with whom he had commenced the journev, successfully 
accomplished it, arrived at the French fort at the Illinois, where they 
found Tonti still in command, after having again been down to the 
mouth of the Mississippi, conformably to his orders from La Salle* 
to meet the expedition from Europe, and after waiting some time 
there, returning to his post. From the fort at the Illinois, Cavelier, 
Joutel, and father Anastase, proceeded to Quebec, and thence return- 
ed to France, where they arrived in October, 168S, and where Joutel 
published the narrative of the expedition, to which I have referred. 

From this work of Joutel it likewise appears, that the fort and 
and colony left by La Salle at the westward of the Colorado, was de- 
stroyed, not as you state by the Indians, but by the Spaniards from 
Mexico; who, until that time, had never had any settlement of any 
kind, nearer than Panuco, and who, by your own account, had no 
other right or authority for this act, than the royal order of Philip 
the Second, to exterminate all foreigners penetrating into the Gulf 
of Mexico. 

The settlements of La Salle, therefore, at the head of the bay 
of St. Bernard, westward of the river which he called Riviere aux 
Boeufs, but which "you call Colorado of Texas, was not, as you 
have represented it, the unauthorized incursion of a private adven- 
turer into the territories of Spain, but an establishment having 
every character that could sanction the formation of any European 
colony upon this continent; and the viceroy of Mexico had no more 
right to destroy it by a military force, than the present viceroy 
would have, to send an army and destroy the city of New Orleans. 
It was a part of Louisiana, discovered by La Salle under formal 
and express authority from the king of France; and the royal ex- 
terminating order of Philip the second, was but one of the multitude 
of sanguinary acts which signalized the reign and name of that 
monarch, while the name of La Salle is entitled to stand high in the 
glorious roll of the benefactors of mankind. After this statement, 
founded upon the most authentic documents, the foundation of the 
presidio of Texas, in 1693, was, by your own showing, an unlawful 
encroachment upon the territories of France, which by the first of 
the three principles laid down by Messrs. Pinckney and Monroe, at 
Aranjuez, and above referred to, extended on the coast of the Gulf of 
Mexico, half way to the nearest Spanish settlement of Panuco, 
namely, to the Rio Bravo. 

Your « thorough investigation" of the history of the original 
French settlements at the Illinois, and the Arkansas, is as unfortu- 

10 



74 [155] 

nate, and as wide from the facts, as all the rest of your dissertation 
upon the history of Louisiana. The following translated extracts 
from the work entitled " Dernieres Decouvcrtes, dans l'Amerique 
Septentrionale de M. de la Salle, inises au jour par M. le Chevalier 
de Tonti, gouverneur du fort St. Louis, aux Illinois,'* (Last dis- 
coveries in North America, of Mr. de la Salle, published by the 
chevalier Tonti, governor of fort St. Louis, at the Illinois, Paris, 
1697) will furnish you more correct ideas upon the subject. 

When La Salle left his Fort Crevecoeur on the 8th of Novem- 
ber, 1680, to go back to Canada for supplies, "on the third day 
(says Tonti) he arrived at the great village of the Illinois, where, 
after having observed the situation of the country, in the midst of 
several nations of the Miamis, Kickapoos, Ainoos, Mescontaws, 
and several others, watered by a beautiful river, he thought he 
ought to build a fort upon a height commanding the whole country, 
as well to make himself master of all these different tribes, as to 
serve as a retreat and a rampart for our French people." (p. 94.) 
Mr. de la Salle, after learning that his boat was " lost, was not in 
the least discomposed, but wrote to me immediately, sent me with 
his letter the plan of the fort that he had designed, and ordered me 
to come and set to work upon it without delay." Tonti according- 
ly went and began the building of the fort, which, from various un- 
toward events, he was soon obliged to abandon. La Salle after- 
wards, before rejoining Tonti to proceed down the river, went to 
the new fort, and left several workmen to continue, and some sol- 
diers to guard it. But it was upon his return from the mouth of the 
Mississippi, on leaving Michiliinackinac, to go to France, that he 
gave orders to Tonti to finish the fort. 

" He charged me with the duty to go and finish fort St. Louis, 
of which he gave me the government, with a full power to dispose 
of the lands in the neighbourhood, and left all his people under my 
command, with the exception of six Frenchmen, whom he took 
with him to accompany him to Quebec. We departed on the same 
day, he for Canada, and I for the Illinois." 

Tonti accordingly finished the fort, round which a regular 
and rapid settlement was formed; and a new governor in Canada, 
having displaced him in the command of the fort, he was restored 
to it through the influence of La Salle, by a regular commission 
from the king, Louis the 14th. 

So much for the settlement at the Illinois. You have seen that 
when La Salle, in 1683, returned to France, to fit out the new expe- 
dition for the mouth of the Mississippi, he ordered Tonti, at the pro- 
per time, to go down from fort St. Louis and meet him there. In the 
autumn of 1684, Tonti was informed by the governor of Canada, that 
La Salle had sailed from La Rochelle with four ships for the Gulf of 
Mexico. He, therefore, took with him forty men from fort St. Louis, 
and went down the river to the Gulf, where he waited until Easter 
Monday, 1685, for La Salle's arrival. He was obliged to go back 






[155] 



75 



disappointed, and on his way upwards, when he came to the Arkan- 
sas, he says, "My French companions, delighted with the beauty of 
the climate, asked my permission to settle there. A9 our intention 
was only to humanize and civilize the savages, by associating with 
them, I readily gave my consent. I formed the plan of a house for my- 
self at the Arkansas. I left ten Frenchmen of my company there, with 
four Indians, to proceed with the building, and I gave them leave to 
lodge there, themselves, and to cultivate as much of the land as they 
could clear. This little colony has since then so much encreased and 
multiplied that it h is become a resting place for the Frenchmen who 
travel in that country." 

I trust, sir, we shall hear no more of the independent and uncon- 
nected Indian colonies of the Illinois and the Arkansas; nor of the 
pretended settlement of the French there. 

You consider the charter of Louis the 14th to Crozat, as a soli- 
tary document, warranted by nothing that had preceded, and sup- 
ported by nothing that followed it, and you appear to believe that the 
first expedition to Louisiana, was that of 1699 and 1700. I have 
shown you, sir, that that expeditition was fitted out, as it is represent- 
ed in the grant to Crozat. merely to carry into execution the project 
originally formed by La Salle. The Mississippi, from near its source 
to the ocean, had been discovered by him in an expedition meditated 
by him for many years before, for which he had obtained the authori- 
ty from Louis the 14th, through the influence and patronage of Colbert. 
The expedition of Joliet, in 1673, Hennepin says, was only an envious 
rival attempt, to forestal the great design which was even then known 
to be intended by La Salle, and for which, he had already been 
making laborious and expensive preparations. Joliet reached the Mis- 
sissippi, and returned without making any other discovery or any 
settlement; but La Salle's undertaking has every characteristic of su- 
blime genius, magnanimous enterprize, and heroic execution. To 
him, and to him alone, the people of this continent are indebted for 
the discovery, from its source to the ocean, of the Mississippi, the 
father of the floods; and of the numberless millions of freemen des- 
tined in this and future ages to sail on his bosom, and dwell along his 
banks, and those of his tributary streams, there is not one, but will be 
deeply indebted for a large portion of the comforts and enjoyments of 
life, to the genius and energy of La Salle. 

It was in the order of Providence, that he should not live to ac° 
complish the whole of his undertaking, but that he should so nearly 
accomplish it, as to place it beyond the power of events, that it should 
perish with him. His project was revived immediately after the peace 
of Rvswick, and settlements were effected by d'lbervilie and his bro- 
ther, near the mouth of the Mississippi, upon the Gulf of Mexico. 
They languished, as they naturally must, during the war of the Span- 
ish succession. The grant to Crozat, after a very few years, was 
transferred to the Mississippi company, and soon after the peace of 
Utrecht, the city of New Orleans was founded. 



76 [155] 

There is no doubt, that if the viceroy of Mexico could have ex- 
terminated d Iberville and his expedition, no French settlement on the 
Gulf would have been made. The Spanish establishment at Pensa- 
cola had been made only one month before he arrived there, and sole- 
lv for the purpose of preventing him. The Spaniards protested even 
against his entering the Mississippi. So it was afterwards, when the 
French settlement was made at Natchitoches; immediately after- 
wards, was founded the post at Adaes. Wherever a Frenchman took 
a seat, there appeared a Spaniard from Mexico to dispute his right to 
it; but the original usurpation, which vitiated all those that folowed, 
w'as the foundation of the Presidio of Texas, after extripating the 
settlement of La S He at the Bay of St. Bernard. And so far was 
France from renouncing or abdicating any part of the ri^ht asserted 
i i the charter to Crozat, that under the Mississippi company Mr. dc 
Bourmon was appointed, with a salary, as commandant on the Mis- 
souri, and Bernard la Harpe, commandant for the Bay of St. Bernard. 
In August, 1721, he went there, and left a new impression of the arms 
of France, as a continued assertion of the title. A vessel, command- 
ed by Berenger, had been sent there, and had left a sergeant and three 
men the year before. The correspondence between De La Harpe 
and d*Alarconne, shows the respective claims both of France and 
Spain at that time, nor do they appear to have been, nor have you ex- 
hibited any document to show that they had been, in any manner va- 
ried, until the cession of the province to Spain, in November, 1762. 

You affirm, that "from the year 1693 the province of Texas has 
continued in perfect tranquillity under the Spanish government, and 
no further attempts were made by the French, to penetrate into any 
part of it." The letter of M. de la Harpe, to Don Martin H'Afar- 
conne, of 8th July, 1719, is sufficient to refute this assertion. 

You assert, that the French settlements of Natchez and Natchi- 
toches, were made only through the sufferance or permission of the 
S anish governors, for the sole purpose of trading with the Indians. 
We say that you have not a particle of evidence, to support this as- 
sertion, and that the whole tenor of the historical evidence is to the 
contrary; that the post of Natchitoches, particularly, was established 
with :he deliberate purpose of preventing a Spanish establishment 
there, and that the mission of St. Michel at the Adaes, was founded 
after it, and in opposition to it. Y r ou admit, yourself, that although 
positive orders were issued by the Spanish governors, to drive the 
French- from the whole district, and to destroy both the posts of 
Natchez and Natchitoches; yet the officer charged with the execution 
of the orders, after advancing with a sufficient force for that purpose, 
acceded to the proposals of the French at Natchitoches, that Arroyo 
Hondo, midway between Natchitoches and Adaes, should be consi- 
dered as the dividing line, until the determination of the two courts. 
Which state of things you say continued until the cession of Louisia- 
na to Spain in 1762. What clearer proof could be required, that the 
French never renounced their claim to the countries watered by the 






[155] 



77 



Mississippi and its branches; and that Spain has nothing to oppose 
to that claim, which she might not with as much force oppose to the 
right of France to every other part of the colony of Louisiana? 

You allege, that upon the cession of Louisiana to Spain, a me- 
moir of its proper extent and limits was drawn up by Mr. Kerlet, 
who had been many years governor of the province, and delivered 
by the duke de Choiseul to the Spanish ambassador at PariSj as a sup- 
plement to the act of cession. That this memoir contained a des- 
cription of its proper extent and limits, and agreed substantially with 
your assertions. Permit me to observe, that had you produced the 
memoir itself, it might be a subject of reply or of remark; that not 
having produced it, you cannot expect it should be considered as 
possibly differing in substance from the charter of Louis the four- 
teenth, by which alone Louisiana had been held, or from the subse- 
sequent memoir of the Count de Vergennes; and that the rights of 
the United States can as little be affected by secret memoirs, as by 
imaginary treaties or exterminating royal orders of Philip the second. 
With regard to vour offer of further demonstrations of the Spanish 
title, if they are of the like description with these, you will do well 
to spare yourself and me the waste of time, which it would take to 
produce and to notice them. You have the goodness to inform me, 
in the name of the king, your master, that Spain has an indisputable 
right to ail the right bank of the Mississippi, but that his masjesty has 
resolved to claim it, solely with a view to adhere to the uti possidetis 
of 1764. If, sir, you will exhibit amj evidence of right in Spain to 
the right bank of the Mississippi, it will be considered by the govern- 
ment of the United States, with all the attention to which it can be en- 
titled. In the mean time you cannot but perceive, that this pretention 
is utterly incompatible both with that advanced in another part of 
your note, of a right in Spain to the whole circumference of the Gult 
of Mexico, and with that of the utz possidetis of 176k. 

The question of disputed boundaries between European settle- 
ments in America is not new. From the nature of those settlements, 
the imperfect geographical knowledge, possessed by all the parties to 
them, of the countries where they formed their establishments, and 
the grasping spirit by which they were all more or less animated in 
forming them, it was inevitable that disputed boundaries should be 
an appendage to them all. Of this spirit of boundless ambition, Spain 
gave the most memorable example, by the original pretention of en- 
grossing to herself the whole American hemisphere. The common 
sense and common feeling of mankind could not and did not long tole«? 
rate this assumption. With what lingering reluctance, and by what un- 
gracious gradations Spain was compelled to recede from it, is noto- 
rious in the annals of the last three centuries; but it is among the 
most curious characteristics of your notes to show, that she clings to 
to these long exploded pretentions still. You have not scrupled, even 
at this day. to style the most ancient settlements of other Eoropean 



78 [155] 

nations in America, "attempts to disturb the Spaniards in their pos- 
sessions in the New World," 

You recall to mind with exultation-, as if pointing to the most 
splendid monuments of Spanish glory, the ferociousness with which 
they attacked, and made prisoners, and put to death, and overthrew, 
dissipated and destroyed the forts and settlements of Francis Ribr.ut, 
and Rene de Laudonniere, the companion of Coligny. You recite 
with triumph the expedition of Alonzo de Leon, to scour the country 
and hunt out the wretched remnant of the brave and enterprizing but 
unfortunate La Salle's establishment. You record, as one of your 
proudest title deeds, the rigoi ous execution of the sentence of a court 
martial upon the Spanish governor of Adaes, Sandoval, for yielding 
a musket shot's length of ground to the French governor of Natchi- 
toches, suffering under the calamity of an inundation. You call the 
whole colony of Louisiana an intrusive establishment* style the authen- 
tic charter of Louis fourteenth the absurd and despicable act of a dis- 
ordered imagination; assert more than once a right of Spain to the 
whole circumference of the Gulf of Mexico, and talk of the territory 
and dominions of the crown of Spain, as if we were living in the age 
of Ferdinand the catholic, or of Charles the fifth. 

To all such pretensions on the part of Spain, I am directed to in- 
form you, that the United States can never accede. The President 
is willing to hope that the time will come, when your government 
will become sensible of theuselessness of resorting to them. 

From the time when the establishments of European nations on 
these continents became common, and their respective claims of ter- 
ritory under the charters of their sovereigns were found to interfere 
with one another, reason, justice, and necessity concurred in pointing 
out to them certain rules and principles for the adjustment of their 
conflicting claims. By these rules and principles, we are willing that 
the question of the western boundary of Louisiana may be decided. 
Till Spain, who has repeatedly acceded to them heretofore, shall be 
prepared to abide by them on this occasion, it will be of little avail to 
pursue a discussion, upon which the principles of the parties are ut- 
terly irreconcilable together. 

With regard to the third of the subjects of difference between Spam 
and the United /States, that remains to be adjusted, the claims of indemni- 
fication for injuries, losses, and damages, suffered by American citizens 
from Spanish authorities and subjects, and within Spanish jurisdiction, 
I flatter myself from the tenor of your note, devoted particularly to the 
consideration of this point, that it is not absolutely unsusceptible of be- 
ing brought to a favorable issue. You express the willingness of your 
government to resume the unratified convention of 1802, and to extend 
its stipulations to the cases of complaint of a similar character to those 
provided for in it, which have since that time accrued. It is undoubted ly 
the intention of this government, that its engagements should be recip- 
rocal, and if this was not expressly declared in my note of the 16th of 
January, it was merely because the President was not aware that any such 
claims ei* Spanish subjects, from indemnities from the American govern- 



0**1 



79 



lihtnt were in existence. I am authorized to assure you that there will be 
no difficulty in including any such as may exist in the convention, and 
in making the United States answerable for all indemnities which may 
be justly due by them. As you have also been empowered to include the 
cases of injuries and losses of citizens of the United States, in conse- 
quence of the suppression by the Spanish' intendant of the deposite at 
New Orleans, as stipulated by the treaty of 27th October, 1795, it cannot 
be necessary for me to reply to your objections against the admission of 
those claims. I the more readily pass over that argument, because, as it 
is merely a repetition of what was urged on the same point by Mr. Ceval^ 
los in 1805, it may suffice to refer you, for a full and complete refutation 
of it, to the letter from Messrs. Pinckney and Monroe to him, of 26th 
February of that year. 

But even upon this branch of the negotiation, it is with regret that 
the President perceives a persevering destermination of your government, 
to exclude from the consideration of the commissioners for settling in- 
demnities, the cases of American sufferers by French spoliations commit- 
ted within the jurisdiction of /Spain. In answer to your reference to the 
arguments of Mr. Cevallos on this point, in his notes to Messrs. Pinck- 
ney and Monroe, of 10th February, and 5 [4] March, 1805, it will be suf- 
ficient for me to refer you to their letters to him of 28th January, 12th 
and 26th February, 8th March, 9th April, and 12th May, with the state- 
ment then made by them of French captures of American vessels carried 
into the ports of Spain, and the demonstration that no indemnity for any 
one of those cases had even been demanded by the American government, 
of Franee, much less provided for in the conventions between the United 
States and France, of 1 800 and 1 803. When you say that " no reply was made 
on the part of the United States, weakening in the least the force of the 
principles and the truth of the facts, on which the opposition of Spain to 
a responsibility for those damages and injuries was founded," it is impos- 
sible to account for your assertion, but by supposing you have not been 
furnished by your government with a copy of the above mentioned state- 
ment. I therefore now enclose (E. 5.) a copy of it, in which you will find 
how grossly mistaken, with regard to the facts, are all the allegations ifc 
the letter of the French minister of foreign relations to admiral Gravina, 
of 27th July, 1804, of which you have inserted in your note an entire copy^ 
and of which Mr. Cevallos\had already favored Messrs. Pinckney and 
Monroe with an extract. 

It may be proper here to present some obvious remarks upon the fre- 
quent appeals to the opinions and assertions of France (under the govern- 
ment of Napoleon) in reference to the controversy between the United 
States and Spain, which were made by Mr. Cevallos at Aranjuez, in 1805, 
and which are now repeated by you, with as much confidence as if you 
considered France, as then governed, the most impartial of umpires, and 
the most disinterested of friends. 

At that time, when these opinions and representations of France were 
alleged by Mr. Cevallos, they were answered by the American ministers 
with the firmness which became the representatives of a great and inde- 
pendent nation, and with the sentiment, at once of their country's dignity, 
and of the respect due to the government of France, with which the Unit- 
ed States were in amity. With regard to the eastern limits of Louisiana", 
the# observed tjiat the question depending upon the construction of a 



80 , [155] 

treaty to which the United States were a party, the opinion of France 
concerning it could be of no more weight, in itself, than that of the Unit- 
ed States. That in adopting the phraseology of the treaty of St. Ilde- 
phonso, when France declined substituting a more specific definition of 
boundaries, the United States could not be supposed to have subjected 
themselves to the subsequent explanatory restriction by France, of that 
which she then chose to leave standing upon the force of the terms them- 
selves; and that, the delivery of the province by the commissioner of 
France to the United States, having been without any limitation, it was 
obvious that he had received it alike without limitation. 

With respect to the French spoliations within Spanish jurisdiction, 
while the interest of France was so immediate and direct, as to take from 
her opinion all right to the consideration due to an impartial arbitrator, 
it was supposed that the proper view of the subject had not been present- 
ed to the emperor; and the most unequivocal demonstration was given, 
that no indemnity or satisfaction had been received, or even demanded, 
from France, by the United States, for this description of injuries. 

At this day your government must be aware that the umpirage, and 
even the opinions, of France upon these questions, was liable to other and 
still more decisive objections. Of the use which France was already mak- 
ing, and was further contemplating to make, of Spain, of her revenues 
and possessions, not only in Europe, but in every other quarter of the 
globe, little needs to be said. That she was converting to purposes of 
her own all the resources of Spain, has been, since then, too signally 
manifested to the world to require further elucidation. It was impossible 
for her to recognize that Spain was bound to indemnify the United States 
for the spoliations of French cruizers within Spanish jurisdiction, with- 
out acknowledging herself the debtor of Spain to the same amount. To 
call for her testimony, therefore, was to claim her as a witness in her own 
cause; to appeal to her opinions was to make her the judge of her own 
delinquencies. Ey countenancing Spain in the denial of justice to others, 
she did but reserve her as- a richer spoil for herself; nor can it be dissem- 
bled, that i\\G recourse of Spain, on that occasion, was rather to the pre- 
dominating power than to the justice of France. These observations are 
made, not with the view of reproaching Spain now, for the compliance? 
with which she then sought and obtained the declarations of France in 
her favor, upon her controversies with the United States, but to show.the 
solid and irrefragable grounds upon which the United States may refuse 
all deference for the opinions, and disclaim all credit to the statements ol 
France. v 

At the time when France had ceded Louisiana to the United States, 
her good offices with Spain to secure the acquisition of Florida to the 
United States, had been explicitly promised. The letter of Mr, Monroe 
to Mr, Talleyrand of 8th November, 1804, in reminding him of that en- 
gagemeiit, had 'sufficiently shown, that the government of the United 
States, in calling upon France for the performance of her promise, had 
uo intention of admitting her to arbitrate upon the extent of the conces- 
sion which had been made by herself. True it is that she not only es- 
poused the side of Spain, as considering it her own, but she even stimu- 
lated Spain to the denial of justice to the United States. As her mo- 
tives, if Spain could be doubtful of them then, must be abundantly noto- 
rious now, it could scarcely have been expected that Spain should still re- 
cur to them, as entitled to the slightest consideration or credit. 



£155} 



ei 



There is no principle of the law of nations more firmly established 
than that which entitles the property of strangers, within the jurisdiction 
of a country in friendship with their own, to the protection of its sove- 
reign, by all the efforts in his power. This common rule of intercourse 
between all civilized nations, has, between the United States and Spain, 
the further and solemn sanction of an express stipulation by treaty. In 
violation both of the common usage of nations, and of the express promise 
of Spain in the treaty, nearly two hundred vessels and their cargoes, be- 
longing to citizens ot the United States, were seized, many of them with- 
in the territorial limits of Spain, and under the cannon of her fortresses, 
by French cruizers; and all of them were condemned within Spanish ju- 
risdiction. 

You allege— -First, that Spain has, in the cases to which reference is 
now made, actually carried into effect the obligations contracted by 
treaty; that she has used all her efforts for the defence and protection 
of this property. But in what have these efforts consisted? These were 
not cases of vessels seized by sudden violence and carried away beyond 
her jurisdiction, before the officers, appointed for the execution of her 
laws, could be apprized of the wrong, and summoned to the performance 
of their duties. They are not cases of clandestine depredations, eluding 
tlie vigilance of the magistrates; they are cases of friendly merchants and 
navigators frequenting the ports of Spain, upon the faith of treaties, and 
for purposes of a mutual beneficial intercourse, seized, some of them in 
the very harbors of Spain, by foreign cruizers, dragged on Spanish ground 
before a foreign consul, and there plundered of their property, before tl\e 
face of all the lawful authorities of Spain; who neither raise a voice nor 
lift an arm for their defence. What then have been all the efforts of 
Spain for the protection of this property, conformably to the treaty? 

You say — Secondly, that Spain was not responsible for these' depre- 
dations, because they were made by a nation with which the United 
States were not at war; and this you say immediately after quoting the 
words of the sixth article of the treaty, expressly stipulating protection 
and defence in the ports of Spain to the vessels and other effects of citi- 
zens of the United States, " whether they are at war, or not, with the 
power whose subjects have taken possession of the said effects." 

You observe — Thirdly, that France and Spain were then allies, in a 
war against England; and that Spain could not prevent the privateers of 
her ally from entering her ports. But it is not that the French privateers 
were allowed to enter the ports of Spain, of which the United States 
complain, but that they were suffered to make prizes, and the French 
consuls to condemn them, within the territorial jurisdiction of Spain. 
You refer to the decision of a subordinate British court of admiralty, that 
the prizes of a belligerent may be carried into the ports of an ally,' and. 
there lawfully condemned; but surely you do not mean to contend, that 
the ^decisions of an admiralty court' of one nation constitute the law of 
nation's, or can even be adduced as authority for others. Of this principle 
at least, there can be no doubt, that an alliance between two nations can- 
not absolve either of them from the obligations of previous treaties. Now 
the treaty between Spain and the United States, by which Spain was 
bound to protect the property of American citizens within her jurisdic- 
tion, was concluded before tjie alliance between Spain and France had 
11 



32 [155] 

been contracted; and the alliance could in no wise impair the rights of 
the citizens of the United States to the protection of their property, 9ti~ 
pulated in their favor by the antecedent engagement of Spain. 

Your fourth and last expedient, for relieving Spain from responsibi- 
lity for these losses and injuries, suffered by American citizens upon her 
territory, is the positive assertion, that satisfaction has already been 
made for them by France: your only voucher for which is the letter of 
27tK July, 1804, from Mr. Talleyrand to admiral Gravina. The assertions 
of that letter I have shown, by reference to indisputable documents, are 
utterly without foundation. 

Your subsequent offer, of the good offices of your government, near 
that of the present court of France, to obtain indemnities for American 
citizens for French depredations committed within Spanish jurisdiction, by 
virtue of an alliance between Spain and Napoleon, you doubtless did not 
expect to be accepted. It is to Spain alone, sir, that the United States 
still look, and will continue to look, as they always have looked, for those 
indemnities, for which Spain alone is responsible to them. I am in- 
structed to renew to you the declaration, repeatedly made by the 
minister of the United States to your government at Aranjuez, in 1805, 
that no satisfactory arrangement can be made of the differences between 
the two countries, which shall not include the adjustment of these inju- 
ries. 

Before bringing this reply to your four successive notes to a close, it 
is necessary to advert to several incidental assertions and remarks, which 
you have made in relation to the negotiation at Aranjuez, equally desti- 
tute of foundation, with the claims and pretensions, to which this letter 
has already replied. 

In your note of the 29th December, you affirm, that the negotiation 
at Aranjuez was " early interrupted;" and in that of the 24th January, to 
(Confirm the assertion, that if all the differences between the two countries 
have not long since been adjusted, it has not depended upon the govern- 
ment of Spam, you say that this is " evident, beyond the possibility of 
denial, from the oincial correspondence between his catholic majesty's 
minister of state and the plenipotentiaries of the American government 
who suspended and gave up the negotiation at Aranjuez, after having 
obstinately refused to accept the modifications founded on strict justice, 
which were proposed by the Spanish government." 

The negotiation of the Special mission of the United States at Aran- 
juez, in 1805, occupied a period of nearly five months, from the begin- 
ning of January, when Mr. Monroe arrived at Madrid, to the 22d of May„ 
when he took leave of the king, to return to London. In his address to 
the king on that occasion, he said " on my arrival here, I had the honor 
to assure your majesty, of the high consideration of my government for 
your majesty's person and government. I then hoped to have had the 
honor to conclude the special mission with which I was charged kpcon- 
j unction with the minister plenipotentiary near your majesty, to the ad- 
vantage and satisfaction of both parties; but being disappointed in this 
respect, all our jpropcsitjvns having been rejected, and none others ever 
offered on the part of your majesty's government, though often invited, 
it is my duty to return to my station at London." 

Tliis assertion, made to the king of Spain in person, at the close of 
that mission, was fully warranted by the transactions under it. Every 
one of- the tipies, now included in your four notes, as embracing all the 



[155] 



S3 



Subjects of difference between the two countries, were discussed at great 
length, much in the same manner which you have now insisted upon re- 
peating. The questions of indemnities for spoliations, Spanish and 
French, and for the suppression of the deposite at New Orleans; of the 
eastern and of the western boundary of Louisiana, were descanted upon 
with pertinacity as indefatigable by Don Pedro Cevallos as by yeurself. 
He bestowed as many pages upon the terms retrocede and retrocession as 
you have done. He appealed with equal confidence and alacrity to t\\Q 
opinions, and cited with equal complacency the testimonials of the minis* 
ters of Napoleon, and reminded Messrs. Monroe and Pinckney, with a 
satisfaction not inferior to your own, of the " very pointed" manner in 
which the French minister of foreign relations, Mr. Talleyrand, announc- 
ing the sentiments of his imperial majesty, observed, that " to make known 
the rights which France had acquired, was to indicate the extent and the 
limits of those which she transmitted to the federal goverment " To every 
thing that had the semblance of reason and argument, adduced in the suc- 
cessive notes of Mr. Cevallos, the American ministers temperately and 
patiently replied; they unfolded, with a clearness and precision to which 
nothing can now be added, the claims of the United States, and the facts 
and principles by which they were supported. They proposed, at the com- 
mencement of the negotiation, a project of a convention for the adjustment 
of all the interests in dispute. After all the subjects had been thoroughly 
discussed, they presented a second project, modified in the most conci* 
)iatory spirit of accommodation to Spain. They invited, and reiterated, 
almost to importunity, the invitation, to a counter project, or proposals on 
the part of the Spanish government. These unwearied efforts were met 
by a constant, invariable, inflexible refusal either to accept their propo- 
sals, or to make to them any whatsoever in return. 

You speak of the titles, dates, documents, and arguments produced 
on the "part of Spain, at that negotiation, incontestably proving, by 
abundant and irresistible evidence, the rights of the Spanish monarchy to 
the territory in question." 

If such had been the facts, where would be the pretence thdt the Ame- 
rican ministers had prematurely suspended or given up the negotiation? 
But Mr. Cevallos produces no such titles, dates or documents; the only 
title ever alleged by him in support of the pretensions of Spain was the 
title of retrocession, applied to the treaty of St. Ildephonso; the only date 
was that of 1690, which he assigned as the period of the first Spanish set- 
tlement of Texas, which date was five years later than the settlement of 
La Salle, at the head of the Bay of St. Bernard; and the only documents 
were the dictatorial and menacing testimonials of the French minister of 
foreign relations. That all the titles, dates and documents then referred 
to, were insufficient in the estimation of your own government to establish 
the rights which you have claimed, is manifest from the efforts which you 
have made to bring forward others, and from the character of those to 
which you have resorted, an unknown, and as it is believed, imaginary, 
treaty of 1764, and a royal exterminating order of Philip the Second. 

You perceive, sir, that the government of the United States is not 
prepared either to renounce any of the claims which it has been so long 
urging upon the justice of Spain, or to acquiesce in any of those arguments 
which appear to you so luminous and irresistible* 



84 [155] 

Determined to pursue the establishment of their rights, as long 
as by any possibility they can be pursued through the paths of peace, 
they have acquiesced, as the message of the President, at the com- 
mencement of the present session of Congress, has informed you, in 
that policy of Spain, which has hitherto procrastinated the amicable 
adjustment of these interests, not from an insensibility to their im- 
portance, to this Onion nor from any indifference to the object of 
being upon cordial terms of harmony with Spain, but because peace 
is among the dearest and most earnest objects of their policy; and 
because they have considered, and still consider it, more congenial 
to the principles of humanity, and to the permanent welfare of both 
rations, to wait for the favorable operation of time upon the prejudi- 
ces and passions opposed to them, than to resort to the unnecessary 
agency oi force. After a lapse of thirteen years of patient forbear- 
ance, in waiting for the moment when Spain should find it expedient 
to meet their constant desire of bringing to a happy and harmonious 
termination all the conflicting interests between them, it will need 
lit le additional effort to wait somewhat longer with the same expec- 
tation. The Presidem deems this course even more adviseable, than 
that of referring the questions depending between the two nations to 
the arbitrament or meditation oi one or more friendly European pow- 
ers, as you have been authorized to propose. The statement in your 
note ef the 10th of February, in reference to this subject, is not alto- 
gether correct, it is not the British government which, on this occa- 
si n, has offered; but your government which, without first con- 
suiting or asking the concurrence of the United States, has requested 
the mediation pf Great Britain. The British government, as must 
be well known to you, have declined the offer of their mediation, un- 
less it should be requested by both parties; and have communicated 
to the government of the United States, this overture, on the part of 
Spain. The President has thought proper, from motives which he 
has no doubt will be deemed satisfactory both to Great Britain and 
Spain, to decline uniting in this request. He is indeed, fully persua- 
ded, that, notwithstanding any prepossessions, which the British go- 
vernment may have heretofore entertained with regard to any of the 
points in controversy, they would have been entirely discarded in as- 
suming the office of a mediator. But it has hitherto been the policy, 
both of Europe and of the United States, to keep aloof from the 
general federative system of each other. The European States are 
combined together, and connected with one another by a multitude of 
important interests and relations, with which the United States have 
no concern, with which they have always manifested the determina- 
tion not to interfere, and of which, no communication being made 
to them by the governments of Europe, they have not information, 
competent to enable them to estimate their extent and bearings. The 
United States, in justice to themselves, in justice to that harmony 
which they earnestly desire to cultivate with all the powers of Europe, 
injustice to that fundamental system of policy, which forbids them 



[155] 



85 



from entering the labyrinth of European politics, must decline soli- 
citing or acceding to the interference of any other government of 
Europe, for the settlement of their differences with Spain. 

But however discouraging the tenor and character of your recent 
notes has been to the hopes, which the promises and professions of 
your government had excited,|'that the time for adjustment of these 
differences with Spain, herself, had at length arrived, the United 
States will not abandon the expectation, that more correct views of 
the subject will ultimately be suggested to your government, and 
they will always be disposed to meet them in the spirit of justice and 
amity. With regard to those parts of the province of Louisiana, 
which have been incorporated within the state of that name, it is time 
that the discussion should cease. Forming part of the territory of a 
sovereign and independent state of this Union, to dispose of them is 
not within the competency of the executive government of the Unit- 
ed States, nor will the discussion be hereafter continued. But if you 
have proposals to make, to which it is possible for the government of 
the United States to listen, with a prospect of bringing them to any 
practicable conclusion, I am authorized to receive them, and to con- 
clude with you a treaty for the adjustment of all the differences be- 
tween the two nations, upon terms which may be satisfactory to both, 
With regard to the motives for the occupation of Amelia Is- 
land, the messages from the President of the United States to Congress, 
and my letter to you of 16th January, have given the explanations which, 
it is presumed, will be satisfactory to your government. The exposed 
and feeble situation of that island, as well as of the remainder of East 
Florida, with their local position in the neighborhood of the United States, 
have always been among the primary inducements of the United States, 
tor urging to Spain the expediency to the interests of both nations, that 
Spain should cede them for a just and suitable equivalent to the United 
States. In the letter of the 28th of January, 1805, from Messrs. Pinck- 
ney and Monroe, to Mr. Cevallos, the following passage stands prominent 
among the arguments used by them to that effect. "Should Spain," say 
they " not place a strong force in Florida, it will not escape your excel- 
lency's attention, that it will be much exposed to the danger of being taken 
possession of by some other power, who might wish to hold it with very 
different views towards Spain, than those which animate the government 
of the United States. Without a strong force being there, it might eyen 
become an asylum for adventurers and freebooters, to the great annoyance 
of both nations." 

You know, sir, how far the events, thus anticipated, and pointed out 
so early as in January, 1805, to the prudent forecast of Spain, have been 
realized. Pensacola has been occupied by another power, for the purpose 
of carrying on war from it against the United States, and Amelia Island 
has been occupied by adventurers, to the great annoyance of both nations, 
and of all others engaged in lawful commerce upon the Gulf of Mexico, 
Before these events occurred, the Congress of the United States, aware 
pf the great and growing danger of them, which had been so long before 
distinctly foreseen^ had made it the duty of the executive government, ia 



86 [155] 

the case of such a contingency, to take the temporary possession of the 
country which might be necessary, to avert the injuries that must result 
from it. Amelia Island was taken, not from the possession of Spain, but 
of those from whom she had been equally incapable of keeping or of re- 
covering its possession, and who were using it for purposes incompatible 
with the laws of nations and of the United States. No purpose, either 
of taking or of retaining it as a conquest from Spain, has ever been en- 
tertained; and unless ceded by Spain to the United States, it will be re- 
stored whenever the danger of its being again thus occupied and misused 
shall have ceased. 

It is needless to add, that the proposal that the United States should 
take any further measures than those already provided by law for pre- 
venting armaments hostile to Spain within the territories of the United 
States, is inadmissible. The measures already taken, and the laws already 
existing against all hostile armaments within our jurisdiction, incompati- 
ble with the obligations of neutrality, are sufficient for its preservation; 
and the necessary means will continue to be used, as they have been, to 
carry them faithfully into execution. 

I have the honor to be with great consideration, 

Sir, 

Your obet. and very humble servant, 

(Signed) JOHN QUINCY ADAMS. 



[155] 87 



A. h 

Don Martin U Alarconne, io M. de la Harpe, 

MONSIEUR, 

I am very sensible of the politeness that M. de 
Bienville and yourself have had the goodness to show to 
me. The orders I have received from the king, my master, 
are to maintain a good understanding with the French of 
Louisiana; my own inclinations lead me equally to afford 
them all the services that depend upon me. But I am com- 
pelled to say, that your arrival at the Nassonite village, sur- 
prizes me very much. 

Your governor could not be ignorant that the post you 
occupy belongs to my government, and that ali the lands 
west of the Nassonites depend upon New Mexico. 

I counsel you to give advice of this to M. Bienville, or 
you will force me to oblige you to abandon lands that the 
French have no right to occupy. 

I have the honor to be, 
Sir, 
(Signed) D'ALARCONNE. 

Trinity River, May 20, 1719. 



B. 2. 



Monsieur de la Harpe, to Don Martin D'Jlarconne, 

MONSIEUR, 

The order from his catholic majesty to main- 
tain a good understanding with the French of Louisiana, 
and the kind intentions you have yourself expressed towards 
them, accord but little with your proceedings. Permit me 
to inform you, that M. de Bienville is perfectly informed of 
the Jim its of his government, and is very certain that the 



as [155] 

post of Nassonite depends not upon the dominions of his 
catholic majesty. He knows also that the province of Las- 
tekas, of which 3^011 say you are governor, is apart of Lou- 
isiana. M. de la Salle took possession in 1685, in the name 
of his most christian majesty; and since the above epoch, 
possession has been renewed from time to time. 

" Respecting the post of Nassonite, I cannot compre- 
hend by what right you pretend that it forms a part of New 
Mexico. I beg leave to represent to you, that Don Antoine 
du Miroir, who discovered New Mexico in 1683, never pe- 
netrated east of that province or the Rio Bravo. It was the 
French who first made alliances with the savage tribes in 
this region; and it is natural to conclude, that a river that 
flows into the Mississippi, and the lands it waters, belongs to 
the king, my master. 

" If you will do me the pleasure to come into this quar- 
ter, I will convince you I hold a post 1 kn$w how to defend. 
" I have the honor to be, 
"Sir, 



" DE LA H ARPE5 



Nassonite, July 8, 1719. 



C. 3. 



On the 10th of August, 1721, M* de la Harpe received 
the following order: 

WE, John Baptistede Bienville, Chevalier of the Mili- 
tary Order of St. Louis, and Commandant General for the 
King in the province of Louisiana: 

It is hereby decreed, that M. de la Harpe, commandant 
of the Bay of St. Bernard, shall embark in the packet the 
Subtile, commanded by Beranger, with a detachment of 
twenty soldiers, under M. de la Belile, and shall proceed 
forthwith to the Bay of St. Bernard, belonging to this pro- 
vince, and take possession in the name of the king, and the 
west company shall plant the arms of the king in the ground 
and build a fort upon whatver spot appears most advanta- 
geous for the defence of the place* 



[155] 



89 



If the Spaniards, or any other nation, have taken possession, M. 
de laHarpe will signify to them, that they have no right to the coun- 
try, it being well known that possession was taken in 1685, by M. de 
la Salle, in the name of the king of France, &c 

(Signed) BIENVILLE. 



Extracts, translated from the *' Diccionario Geografco Historico De /tf* 
Indias Occidentales America," b,j Colonel Bon Antonio de jilcedo^ 
captain of the Royal Spanish Guards, printed at Madrid in 
1786 — 1789, by the permission of government, and dedicated to 
the Prince of Jlsiurias, afterwards Charles the &!h. 

"Louisiana,'* a province and government of North America, one 
of the two, which form New France, bounded on the south by the 
Gulf of Mexico; on the north by the River Illinois and the Indian 
tribes of the Pamasus, Paoducas, Osages, Tronontes, Tecagas, 1 ha- 
Vanons and others; on the east bv Wes>t Florida, Georgia, and Caro« 
lina; and on the west by New Mexico and New Spain. lis extent from 
north to south, is about fifteen degrees; that is to say, from 2£th to 
the 40th degree of north latitude, and from east to west 10 or 11 de* 
grees between 86 and 96 west longitude; its limits however not being 
precisely fixed, M. De Lilse gives it a much greater extent, particu- 
larly towards the north, where it borders on Canada, and according to 
him, it is afterwards bounded by New York, Pennsylvania, Virginia, 
&c. and to the west by the river Bravo and Salado." 

" Misouri" an Indian tribe ol the province and government of 
Louisiana/inhabiting the banks of the river of the same name, on which 
a fort was built by the French for the defence of that establishment. 5 ' 

"Natchitoches, or Natihetoches" as pronounced by some, a 
tribe of Indians of the province and government of Louisiana in North 
America, living fifty leagues up the Red River, by which name they are 
sometimes called. This tribe has always been friendly to the French, 
and hostile to the Spaniards; is very numerous, and has upwards of 
two hundred cabins. The French soldiers who had completed their 
time of service, settled in an island in the Red River,where they built 
a fort, and called it Natchitoches; but having planted tobacco, and 
discovered that the sand blown on it by the wind gave it a bad qual- 
ity, they removed their settlement to the main land, where they suc- 
ceeded in cultivating that plant, so as to give a particular estimation- 
it is sixty leagues from New-Orleans. " 

"Rouge" Red River, a large and rapid river of the province and 
government of Louisiana, in North America; takes its rise about the 
tribe of the Cannesis, runs south east, and after receiving other 
streams, changes its course to the south, as far as the tribe and fort 
of Natchitoches, where it again turns to the south-east, forms seve- 
12 



90 [155] 

ral lakes and islands, and thence running eastward, joins the Missis- 
sippi much increased, near where the river empties into the sea." 



E. 5. 



Extract from a paper communicated by Messrs, Tinckney and Monroe , 
to Mr. Cevalhs, dated 

Jlranjuez, 12th May, 1815. 

"From the 1st of October, 1796, until the ■ there 

were brought into the ports of his catholic *majesty in Europe and 
Africa, by the French, 168 vessels. 

Of the above have been condemned, - - - 74 

Acquitted, ransomed, or compromised, - - - 23 

Cases of violation of the Spanish territory, condemned, 13 

Bun ashore and lost, - - - - - - -1 

Unaccounted for, -..--». 7 

Result not known, - - -- - - - BO 

Total, 168 

A statement of the facts relative to American vessels taken by 
French privateers, and condemned in Spanish ports, obtained from 
the most authentic sources." 

** Of the French spoliations, there have been fifty appeals from 
the consular judgments in Spain to the council of prizes at Paris, of 
which thirty have been released, nine condemned, and twelve are 
yet depending. Not one sous has been paid in any case, nor is there 
a single case of such spoliations on the list of liquidations now at 
the French treasury, which are to participate of the twenty millions 
of livres, to be paid by the United States to their citizens, under the 
treaty of 1803, on account of French spoliations. The American 
minister never did demand payment of French spoliations made in 
Spain, knowing them as such, nor did the American agent ever de- 
mand it by his order or knowledge. The first intelligence, which 
the American government had of appeals being permitted from the 
F?e ch consular tribunals in Spain, to the council of prizes in 
France, was received from Spain herself. 

" As soon as it was received, the Secretary of State wrote to 
the American minister in Paris, to know what the fact was, and in- 
structed him, at the same time, to prohibit the agent from acting in 
such cases, it having been, at all times, the opinion of the govern^ 
roent, that Spain alone was answerable, of whom only has the re- 
compence been demanded." 



[155} 



LIST OF PAPERS 

Referred to in the Report of the Secretary of State, of the 14th ofMarch $ 
accompanying the Message of the President of the same date 9 
transmitted to the Speaker of the House of Representatives, the 
QSth of March, 1818, by dierction of the President 



^TASHINSTOIT. 

HUNTED BY E. BE KRAFFT, 
1818. 



\ 



[1553 

No. 2. 

Correspondence of Bon Jose Pizurro and Mr. Erring. 

Don Jose Pizarro to Mr. Erving, dated 16th July, 1817. 
Mr. Erving to Don Jose Pizarro, dated 19th July, 1817. 
Don Jose Pizarro to Mr. Erving, dated 27th July, 1817. 
Mr. Erving to Don Jose Pizarro, dated 29th July, 1817. 
Don Jose Pizarro to Mr. Erving, dated 17th August, 1817. 
Mr. Erving to Don Jose Pizarro, dated 19th August, 1817. 
Don Jose Pizarro to Mr. Erving, dated 31st August, 1817, 



No. S. 

Correspondenee of Bon Luis de Onis and the Secretary of State. 

Don Luis de Onis to the Secretary of State, dated 2d January, 1817r 

The same to the same, dated 15th January, 1817. 

The same to the same, (two) dated 16th January, 1817. 

The same to the same, dated 10th February, 1817. 

The same to the same, dated 11th February, 1817. 

The same to the same, dated 12th February, 1817. 

The same to the same, dated 22d February, 1817, 

The same to the same, dated 28th February, 1817. 

The same to the Acting Secretary of State, dated l^th March, 1817. 

The same to the same, dated 15th March, 1817. 

The same to the same, (two) dated 26th March, 1817. 

The Acting Secretary of State to Don Luis de Onis, dated, 28th 

March, 1817. 
Don Luis de Onis to the Acting Secretary of State, dated 29th 

March, 1817. 
Don Luis de Onis to the Acting Secretary of State, dated 4th April ? 

1817, with enclosures No 1, 2, 3. 
The same to the same, dated 5th April, 1817. 
The same to the same, dated 18th April, 1817, with enclosures 

No. 1 to 7. 
The Acting Secretary of State to Don Luis de Onis, dated 22d 

April, 1817. 
Don Luis de Onis to the Acting Secretary of State, dated 23d 

April, 1817. 
The same to the same, dated 2d September, 1817. 
The same to the same, dated 19th September, 1817. 
The same to the Secretary of State, (two) dated 2d November, 181f , 

Bepartment of State, March 28, 1818, 



[155] 



No. 2, 

(Translation,) 
Mr. Pizarro to Mr, Erving. 

sir, 

Since the happy restoration of his majesty to the throne of his 
august progenitor, one of his principal objects has been to establish, 
upon solid foundations, his political relations with the several powers 
friendly to Spain, by removing whatever obstacles were of a nature 
to effect their future good understanding. 

From the beginning, the state of affairs between Spain and the 
United States called his majesty's attention, and as soon, during the 
last year, as reciprocal organs of communication were established by 
jthe recognition of their respective ministers, the king announced his 
desire of making evident the right of each power, on the different 
points of existing reclamations. 

In your note of August 26th, of the last year, addressed to my 
predecessor, you also manifested, that you were equally disposed to 
enter into the discussion in behalf of your government, and to con- 
clude a treaty honorable and satisfactory to both parties, to which 
end, you intimated, that you were authorized by ample powers and 
instructions; but as the various questions depending between the two 
governments, and the incidents of later years, which had complicated 
them, formed a total of objects, which appeared to require a prolix 
examination, his majesty thought that this might be made between 
his minister plenipotentiary at Washington, and the American Se 4 
cretary of State, with more despatch than in Madrid, where the gi„ 
vernment of his majesty found itself at the time surrounded with a 
multitude of pressing engagements, arising from the necessity of re- 
establishing the order subverted by foreign invasion, and by the very 
extraordinary means which had been adopted to repel it with 
success. 

The minister of the king, in "Washington, was perfectly acquaint- 
ed with all that had happened of late years; he knew to the founda- 
tion all the rights of Spain upon each of the depending questions; he 
was aware how well disposed was the mind of his majesty to attend 
to the reclamations of the American government, which might be 
founded on justice, and even to accede to those, in which he might 
voluntarily please the United States, without injury to his vassals, or 
to the rights of his crown. It was, therefore, thought right to au« 
thorize him with full powers, and to make him aware, that after en- 
tering into an examination and discussion, corresponding to the tenor 
of what he knew respecting the rights of Spain, he should proceed to 



6 [155] 

an adjustment, taking for a basis the demonstrated right of each party, 
upon each of the points discussed. 

But it appears, that the government of the United States, has 
deemed it to be superfluous, to enter into an ulterior discussion of said 
points, after that which had taken place at a former period; and it 
appears also to have intimated its desire of an arrangement or con- 
clusion upon the whole, jointly, of the respective pretensions, in 
which, without losing sight of the foundation of each, considerations 
of mutual convenience, should be equally attended to, and to fix the 
basis of an order, which could not be easily changed in future. 

For this kind of arrangement, by way of conclusion, the minis- 
ter of his majesty thought that competent instructions were wanting 
to him, and in fact he was in need of those, which were much more 
detailed, than those he already had, since they were intended to ter- 
minate the business, taking for a basis only the examination and 
knowledge of the rights of each, in the different objects which the 
negotiation embraces. 

Soliciting more ample instructions, the minister has sent to Ma- 
drid the secretary of his legation, Don Luis Noeli, and his majesty 
has ordered, that they be prepared and arranged with all possible 
despatch. But, as in this course, which it is desired to give to the 
negotiation, it is perhaps possible, that you and I can arrive more 
readily at a result, seeing what you state in your notes of 26th Au«» 
gust and 19th September, upon the business, my desire, to do what- 
ever may contribute to a satisfactory termination, induces me to ask 
you to please to explain, whether you continue authorized to enter 
into conference with me, and even to conclude an arrangement on 
the matter; for, in this case, without failing to send to his majesty's 
minister at Washington suitable instructions, which the said secretary 
^legation will carry, we can also occupy ourselves in the same bu- 
* sb, and perhaps arrive at a definitive arrangement with more 
.^♦titude, than the minister of his majesty at Washington, who, 
cy so- :e occurrence or proposition made to him, not foreseen in the 
instructions, may be put in the necessity of again consulting his ma- 
jesty, a. d thus creating delay, which cannot happen with me, who 
have the honor to receive daily the orders of the king. 

-If yc u feel yourself authorized to this effect, our progress in this 
business may be substantially the same, as indicated in your note of 
the 26th August; for, though in the projected arrangement, we take 
for our guide considerations of reciprocal convenience, and the de- 
sire to ayoid the reproduction of motives of disagreement for the fu- 
ture, a consideration, of the respective rights of our governments in 
the questions dt pending, can never be lost sight ot, as you also indi- 
cate in \ our said note; to the end that the sacrifice or relinquishment, 
which each may think it proper to make, should be correspondent 
and proportionate, 10 what he may exact from the other in return. I 



[155] 7 

If we shall succeed in forming the arrangment, which we desire 
to conclude, in a perfect knowledge of the right of each, modiftd by 
considerations of reciprocal utility, it cannot be but firm and durable, 
and consolidate a good understanding between the two nations, both 
of which are interested in preserving it. 

I profit of this occasion, to renew to you assurances of my high 
consideration, and pray God, &c. &c. 

(Signed) JOSE PIZARRO. 

Palace 16th July, 1817, 



Mr* Erving to Bon Jose Vizarro* 

Madrid, July 19ih, 1817,. 
SIR, 

I had yesterday the honor to receive your excellency's note of 
the 1 6th instant. 

Adverting to a late correspondence between the Secretary of 
State of the United States, and the chevalier Onis, minister plenipo- 
tentiary of his majesty, your excellency seems to conclude, that the 
American government hath declined to enter into an "ulterior discus* 
sion" of the several points of difference which present themselves 
for adjustment between the two countries, and to have intimated a 
wish to make an arrangement, founded upon an aggregate view of 
their respective pretensions, in which, without forgetting the princi- 
ples on which the right of each reposes, a due regard should be ob- 
served to considerations of mutual convenience. 

For this class of arrangement, you allow that Mr. Onis had not 
sufficient instructions — those which he had, authorizing the termina- 
tion of a negotiation, only upon the basis of an examination, and re- 
cognition of the rights of each party, on each of the several objects 
which the negotiation should embrace. 

But it appears from the correspondence adverted to, not only 
that Mr. Onis did not conceive himself to be authorized to negotiate 
and sign a treaty of the kind indicated, but that he was not empow- 
ered to negotiate and settle a convention on any separate object; for, 
by the Secretary of State's letter to him, of January ath, he was ex- 
pressly invited to enter into such arrangement, respecting two im? 
portant points. 

In fine, it distinctly appears, that Mr. Onis found himself em- 
powered to discuss every point, but not to conclude on any one sepa- 
rately, or on the whole in mass. This certainly did not accord with 
the just expectations of my government, founded upon the declara- 
tions of Mr. Cevallos, when he transferred the negotiation to Wash* 
ington. 



8 [155] 

Bat I refrain from dwelling more particularly on this matter, 
and pass to that part of your excellency's note, which contains a pro- 
posal for arranging our differences here. 

With a view to the most speedy term ; nation of these differences, 
you propose, that without suspending, or J flaying the instructions 
which are to be sent to Mr. Onis, we now enter upon the negotiation, 
and you ask me whether I feel authorized to confer with you on the 
matter, and to conclude an arrangement. Instructed of the invaria- 
ble desire of the President, to regulate by treaty all the grounds of 
difference which have unhappily so long subsisted between the two 
countries, and to establish their relations of peace, on the most solid 
and permanent basis; and being also well persuaded of the sincerity 
and conciliatory disposition which dictate this proposal, on the part 
of your excellency, it is my duty to promote the object of it, as far as 
may be in my power, and I do not hesitate to explain myself to you, 
on this head, with the utmost frankness. 

The powers and instructions which I received from my govern- 
ment, as announced in my letter to Mr. Cevallos, of August 26th t 
1816, have not been revoked: but your excellency understands per- 
fectly well, the situation in which I am placed, as regards these, by 
the refusal of your predecessor to treat here, and by the powers 
which he sent to Mr. Onis. You will clearly perceive, that I cannot 
do, or consent to, any act which may have the least tendency to re- 
tard, in the smallest de gree, the arrangement so much desired, conse- 
quently that I ought to avoid entering into regular discussions on the 
several subjects of my note of August 26th — -discussions which must 
needs occupy a great deal of time, and consequently delay the depar- 
ture of Mr. Noelli; for I presume, that it cannot be within your plan, 
that he should depart, pending such discussions, and thus produce all 
the difficulties, embarrassments, and interminable delays of a double 
negotiation. 

Connected with this, is another consideration of major impor- 
tance; your excellency is fully aware, that the transfer of the negotia- 
tions from Madrid to Washington, in the last year, had the appear- 
ance of an unnecessary procrastination, and that the subsequent dis- 
covery of the insufficiency of Mr. Onis's instructions, might even 
seem to justify the reproach of its being a studied one; — now, the 
retransfer of the negotiations to Madrid, unless we are perfectly cer- 
tain that they will terminate favorably, will, as far as it may tend to 
create further delay, necessarily have the same effect in augmented 
force. I am confident that such a course, is neither in the policy or 
character of your excellency; it is necessary, however, for me, to 
pronounce myself explicitly on these points. 

The Secretary of State of the United States, in his letter to Mr. 
Onis of January 2Jth,has observed, that Mr. Onis ' had agreed with 
him, that any further discussion of subjects which had been so often 
discussed and completely exhausted, would be useless, since it could 
noi be presumed that any change of opinion, on any point, could take 



[155] 



9 



place on either side. Each party understands its rights, and has 
doubtless, made up its mind, as to the conditions which it is willing 
to adopt." 

Within the rule, therefore, which this paragraph points to, I am 
disposed to act. I presume your excellency's plan to be substantially 
the same, and your proposal to have been suggested by, and founded, 
on, that which you understand the Secretary of State of the United 
States, to have made to Mr. Onis — indeed, you have expressed your- 
self on both of them, in nearly the same terms. 

Thus, when his majesty's cabinet, shall have determined on the 
instructions to be given to Mr. Onis, it will have determined on the 
conditions on which the treaty shall be made- — then if your excellen- 
cy will offer to me the basis of an adjustment, I will say instantly, 
whether I can, or cannot acccede to it, or will propose to you such 
modifications of it, as my instructions may require, and his majesty's 
government may find to be admissible. 

In these transactions, we shall, as your excellency has well ob- 
served, take for our guide considerations of reciprocal convenience, 
each of us keeping in view the rights of our respective governments; 
these being perfectly understood by both of us, and no discussion 
being necessary to fix our knowledge of them, we shall avoid repro- 
ducing the motives of disagreement to which you allude, and by this 
knowledge, we shall also regulate the concessions which either may 
be disposed to make. 

Thus, we may terminate instantly, and in perfect harmony, all 
causes of present complaint, and all grounds of future misunder- 
standing; and, in a manner satisfactory to both governments, lay a 
secure foundation for those friendly relations, which they are equally 
desirous to maintain. 

I renew to your excellency, assurances of my very distinguished 
consideration. 

(Signed) GEORGE W. ERVING. 



(Translation.) 

Mr. Pizarro to Mr. Erving, dated July 27, 1817. 
SIR, 

I have received your esteemed note of the 19th instant, in which 
you are pleased to reply to mine of the 16th, and I observe by it, thai 
we are animated with equal sentiments and desires to see the differ- 
ent questions pending between our two governments, satisfactorily 
and honorably terminated. With these dispositions on either side, it 
2 



10 [155] 

will not be difficult for us to arrive at the desired arrangement, pro- 
vided it is accompanied with a due impartiality of judgment on the 
matter produced by each of us in support of his rights and preten* 
sions. 

I allow that a prolix discussion on the points which have been 
heretofore agitated, may be dispensed with, although subsequent cir- 
cumstances have not failed, considerably to change the state of the 
question; but I cannot persuade myself, that it will be the shortest, or 
the easiest method, to present on either side a project of an arrange- 
ment of the whole, without a previous examination, or conference in 
which, at least the points in question, and the actual state of them, 
should be ascertained and settled, and those on which we agree, and 
those on which we disagree, should be determined on, and a summa- 
ry view given of the reasons and grounds of our diversity of opinion. 
This knowlege is the only rule by which we, our governments, and 
the world, can determine upon the propriety or impropriety of the 
conditions of settlement which may be proposed to you, or of those 
which, on your part, you may judge proper to propose to me, if 
you do not conform to those offered by me. 

This, I believe, was your mode of thinking, and appears also to 
have been the orders and instructions of your government, when in 
your note of the 26th August last, you were pleased to say to my pre- 
decessor, " I am specially instructed to discuss and to settle with your 
excellency, all the ancient causes of misunderstanding, as well as the 
questions growing out of recent occunences, which are of a character 
unfavorable to the object in view;" and in another part you add, "a 
frank exposition of all the grounds of complain, is at once the most 
just and most judicious course, for, to suppress or to smother any o£ 
them, in condesention to temporary considerations, is but to leave the 
seeds of future discord, and to substitute palliatives and expedients 
for satisfactory and solid arrangements." 

Though the urgent occupations which at that time engaged the 
attention of the ministry did not allow of its entering with you into 
the desired discussion; yet his majesty did not disapprove of the me- 
thod and idea proposed by you; on the contrary, the very same served 
as a rule for the conduct prescribed to Don Luis de Onis, the seat of 
negotiation only being changed, that is, instead of its being carried on 
at Madrid between you and the secretary of state of his majesty, it 
was to be carried on at Washington, between the Secretary of State 
there, and the minister of the king. 

Don Luis de Onis, to whom was prescribed the said conduct 
adequate to your proposition, could not but notice the corsiderable 
difference between what he had been thus advised of, and the mani- 
festation which was forthwith made to him by that government, of its- 
considering any discussion to be useless, since it was not to be presumed, 
that either party would change its opinion, and this circumstance has 
been one of the motives which has obliged him to solicit instructions 
'more suited to the present dispositions manifested by that govern- 



[i«0 



11 



ment, as I had the honor to state to you in my note of the 16th 

instant. 

I give due weight to what you are pleased to indicate to me re- 
lative to your situation after the occurrences which have intervened; 
but I also think, that animated with the same zeal for the true inter* 
est of our governments, we may in a short time, do much, and without 
considerably retarding the departure of Don Luis Noeli, we may ar- 
rive at some conclusive result, or at least, facilitate the conclusion of 
the negotiation. 

In my opinion, the object would be promoted by a short discus- 
sion, in which we shall establish the points of controversy., and the 
respective grounds of them, before presenting any plan of arrange- 
ment; but if you think differently, I have no objection to make out a 
project of arrangement, though it will carry with it the inconvenience 
of not having been preceded by an examination of the solid founda- 
tions, on which, I believe, I am able to support it; at the same time, 
the instructions which Don Luis Noeli is to carry to the minister Onis, 
will be preparing; for the intention of his majesty is, that no means or 
mode should be neglected, which may produce an arrangement, pro- 
viding, that the conditions of it be compatible with the interest of his 
vassels and the honor of his crown. 

I renew to you, &c. &c. &c. 

(Signed) JOSE PIZARRO, 

Palace, %lth July, 1817* 



Mr, Erving to Mr* Pizarro, 

Dated Madrid, July 29th, 1817. 
SIR, 

I had the honor to receive, yesterday evening, your excellency's 
note of the 27th instant 

Respesting what is contained in my note of the 19th instant, in 
reply to the proposal which you was pleased to make to me in your 
note of the 16th instant, you observe, that though a prolix discussion 
of the several points in question between our two governments, may 
be avoided; yet, that previous to any project for the arrangement of 
them being presented, it might be well for us to enter into some ex- 
amination, and come to some agreement upon each of them. You 
deem this mode to be necessarv for the justification of our proceed- 
ings before our respective governments, and you conclude, that it is 
the one which I had in view in my note to your predecessor, of Au« 
gust 26, 1316. You go on to remark, that though the urgent occupa- 



12 [155] 

tions of that minister at the time, prevented his adopting my plan; 
yet, the-same was given for a rule of Mr. Onis's conduct, in the nego- 
tiation then transferred to Washington — and, that it was not, till Mr. 
Onis found the government of the United States indisposed to renew 
discussions on subjects which had been so completely exhausted, that 
he thought proper to send home for such further instructions, as 
might enable him to treat in the mode proposed by the Secretary of 
State. 

Your excellency will permit me to remind you, that all the pri ncipai 
points put forward in my above mentioned note, to Mr. Cevallos, had 
been most minutely and repeatedly examined and debated, and that one 
of them had been adjusted by a convention made here, in the year 1802, 
during the ministry, and through the agency of Mr. Cevallos him- 
self; that subsequently, viz: in the year 1805, Mr. Cevallos being 
still minister, the United States, with a desire of regulating by treaty 
all those questions, sent Mr. Monroe (late Secretary of State J as 
minister extraordinary to this court — and that in the negotiations 
which then took place at Aranjuez, all that learning and ingenuity 
could produce, were exhausted in controversy. Little remained 
then for me, but to reproduce the subjects of complaint, and to sup- 
port them wherever they might be contested, by the ample materials 
which had been furnished by those who had gone before me; at the 
same time, a reasonable hope, founded on the assurances of Mr. Onis, 
was entertained by my government, that the Spanish cabinet would 
readily consent to forego all irritating questions; the same sentiment 
was, therefore, expressed in my communication to Mr. Cevallos, and 
it had evidently a view to the prompt termination of the negotiation. 
As to the motives which may have induced Mr. Cevallos to decline 
negotiation, I am bound to consider as valid those which your ex- 
cellency has offered. They are not, however, such as he thought 
proper to allege, in his note to me of September 15, 1816; he founds 
his determination on a passage in Mr. Monroe's letter to Mr. Onis, 
of June 10th, the very letter in which the Secretary of State, after 
expressing his regret that Mr. Onis had not power to negotiate, in- 
forms him of my appointment for that purpose. How Mr. Cevallos 
could have construed this into a desire of the President to remove 
the negotiation to Washington, thus rendering useless the instruc- 
tion, which it was announced had just been given to me, I am wholly 
at a loss to conjecture; but certain it is, that no other plea was offer- 
ed for the very extraordinary measure then taken, than his majesty's 
desire to accede to the wishes of the President. 

I understand your excellency to intimate, that the plan of nego- 
tiation, proposed by me to Mr. Cevallos, having been approved by 
his majesty, and given to Mr. Onis, as a rule for his conduct, no 
change of policy, or disposition in this government, is to be inferred 
from its removing the negotiation to Washington, that it was a mere 
change as to place, which is not important. 

On this, your excellency must allow me to observe, that Mr. 
Onis himself, after he had received his powers, confessed, in a note 



[155] 



13 



of February 10th, to the Secretary of State, that he was entirely ig- 
norant of what had passed between Mr. Cevallos and me. ]f you 
will revert to the correspondence, you will find abundant proof, that 
Mr. Onis was not placed in the situation which you have supposed. 

In my note to Mr. Cevallos, of August 26, 1816, I told him, that 
I was "specially instructed to discuss and to settle" In that of Sep- 
tember 19, that Icould'm "no case be under the necessity of referring to 
my government for future instructions" &c. I expressly asked the 
misister, whether it was his majesty's intention to place Mr. Onis 
"in a position equally favorable to the speedy adjustment of our differ- 
ences?" Mr. Cevallos did not pretend, that such was his intention; 
and, in fact, we find by Mr. Onis' correspondence in several places, 
but most distinctly in his letter of February 21, to the Secretary of 
State, that he had no instructions whatever. In that of February 
10th, he even makes conjectures, as to the mode in which they may 
have miscarried; in that same letter, he also makes conjecture, as to 
the motives which his government may have had for transferring the 
negotiations to Washington. And thus, sir, it is also made evident, 
that Mr. Onis has sent home for instructions, because he had them 
not; not because he has made any new discovery as to the views of 
the American government, with respect to the mode of conducting 
the negotiations. 

Certainly, after all the discussions, which had taken place upon 
all the points in contest between the two countries,it was no extravagant 
expectation in the government of the United States, that the Spanish 
government was prepared for an arrangement, and that no mote time 
was to be lost, in reconsidering matters, which had been so often con- 
sidered. "Yet, withall, in consenting, in the year 1816, to treat in this 
way with Mr. Onis himself, on the great question of boundaries, the 
claims of the United States, on that point, are very particularly in- 
sisted on in the Secretary of State's letter to Mr. Onis, of June 10th 
of the same year. I beg leave to call your excellency's attention to 
that letter. It was, after that attempt to settle the point had failed, 
from the impossibility of coming to an agreement, created by the 
very extraordinary pretensions set up by Mr. Onis, and after he had 
declined to enter into any negotiation for the claims of the United 
States, on account of spoliations and the suppression of the deposite 
at New Orleans, that the Secretary of State wrote to him the letter of 
January 25th, which your excellency has quoted; and even in that 
very letter, he anew invites Mr. Onis to negotiate on the points men- 
tioned in his preceding letter of January 14th. 

Your excellency will see then, that the American government 
has never avoided discussion, when it might tend to any useful pur- 
pose, but that it has avoided all controversy, which could produce 
nothing but irritation, and that it declined to continue to agitate these 
questions with Mr. Onis, only when it saw that he had no authority 
to terminate them by an arrangement. 



14 [155] 

Had Mr. Uevallos made to me the proposal, which your excel- 
lency now makes, I had readily accepted of it, and I presume that it 
might have led to an happy result; but by the course which that mi- 
nister took, I have been left in a situation of peculiar delicacy; and 
of this, I perceive that you are fully aware. It is not in my power 
to treat these subjects now, as I would have treated them at that 
time; this were to retransfer the negotiations to Madrid, the incon- 
veniences of which I have pointed out in my note of the 19th inst.; to 
this purpose my instructions are not competent. It is, therefore, 
that, though animated by the same conciliatory dispositions, which 
are manifested by vour excellency, and though equally anxious to 
contribute to the desired result, I have yet felt myself obliged to con- 
fine myself to the simple proposal contained in my last note. 

You are now occupied in forming instructions for Mr. Onis, 
which, as you are pleased to explain, are to be calculated to enable 
that minister to conclude a treaty with the government of the United 
States, on principles of reciprocal accommodation, without renewing 
controversies, with which both parties ought to be completely fa- 
tigued. That being so, it will be quite easy, as appears to me, for 
your excellency to accede to my proposal. 

Your instructions render discussions at Washington unnecessary; 
they cannot then be necessary here; they will contain in effect the 
terms of a treaty The same may then be proposed here, with a 
view to saving of time, and to avoiding the possible delays pointed 
out in your note of the 16th, You will, of course, found your in- 
structions on a thorough knowledge of antecedent discussions I, 
on my part, am fully informed on the claims of my government. 
You are also well acquainted with the extent of those claims, and of 
the ground on which they repose. I can have nothing new to offer 
to you on the subject. "We bring into our communications a recip- 
rocal spirit of conciliation, and a mutual conviction, that the questions 
in dispute are susceptible of an adjustment, which will establish on a 
solid foundation the friendly relations between the two countries. 
Your excellency cannot fail to conform to the wishes of your sove- 
reign, whose daily orders you have the advantage of receiving. And 
I, en my part doubt not, but that in accepting an arrangement, which 
shall secure the rights and honor of the United States, I shall meet 
with the approbation of my government. 

I renew to your excellency assurances, &c. &c. 

(Signed) G. W. EKVING. 



£155] 13 

(Translation.) 
Bon Jose Pizarro to Mr. Erving. 

SIR* 

I answer to your esteemed note of the 29th ultimo, and to con- 
form with your wishes, I shall proceed to present you in this letter,, 
with my ideas as to the plan of an arrangement which may at once 
terminate in a friendly way, with reciprocal utility, and without 
leaving seeds of discord for the future, all the questions pending be- 
tween the two governments. My desire to please you induces me 
to make it in this form, although I am persuaded that any method of 
proceeding is premature, which deviates from th <t indicated in your 
letter of August 26th, of the last year, and that the sure method of 
arriving at the arrangement desired, is, as I had the honor to tell you 
in my note of the 16th June last, " to take for our guide the perfect 
knowledge of the right of each party modified by considerations of 
reciprocal utility." 

Allow me to observe first of all, that what you are pleased to 
express in support of the mode of thinking of your government, as 
to the points of discussion having been exhausted in the negotiation 
at Aranjuez in the year 1805, does not appear to me to be altogether 
well founded, for since that epoch, so great is the mass of documents 
and authentic and indisputable proofs, as well French as Spanish, 
which his majesty has collected respecting the subjects of that discus- 
sion, and particularly relative to the western boundary of Louisiana, 
that I doubt, whether there be a point which is susceptible of more 
exact and rigorous demonstration than the determination of the di- 
viding line, which has seperated, and separates Louisiana from the^ 
province of Texas and the other Spanish possessions in that part of 
the continent, as I will have the honor to show you, in the event of 
our entering particularly into the examination of this question. 

On the other hand, as I have already intimated in my note of the 
27th ultimo, and as you have previously acknowledged in yours of 
the 26th August, the circumstances that have occurred since the 
year 1805, have considerably altered the state of the question, in 
nearly all the points of controversy. 

To be convinced of this, it will suffice to reflect on the aug- 
mentation, since that period, of the claims for indemnity on ac« 
count of losses, injuries, and harm suffered by the government and 
subjects of the two countries, in consequence of the excesses com- 
mitted by individuals of both nations, against the law of nations 
and the existing treaty. You, on your part, in your aforementioned 
note of the 26th August, indicate some of these, and I will not enter 
here into the details of those which his majesty and Spanish subjects 
have to reclaim on their part, not only because, this detail would be 



16 [155] 






now inopportune, but because the claims on both sides are to be sub 
jected to the examination and judgment of the mixed commission 
which may be established to decide on them. 

Besides this, posterior to the year 1805, the extraordinary event 
has occurred, of his majesty's having been unexpectedly deprived in 
the year 1810, during his captivity, of the pacific possession in which 
he was, of that part of West Florida which is between the river Ib- 
berville, the lakes Maurepas, Pontchar train, and Bourne on the one 
side, and the river Perdido on the other. When the indisputable 
property of his majesty in the said territory was demonstrated, it 
was proved that Spain did not acquire it of France in ±765; that 
she received it of England in 1783, by a solemn treaty; that it was 
not and could not be comprehended in the " retrocession of Lmisi- 
ana" made to France in the year 1800; that the government of France 
"has declared so, officially ," and in the most solemn manner, as well 
to Spain as to the United States; that the 5th article of the treaty of 
1778, between France and the United States, opposes itself expressly 
to the acquisition by France* (though she had attempted it,) of said 
territory from Spain in 1800; that the royal celuda of his majesty 
issued in Barcelona, on the 15th October, 1802, for the delivery of 
Louisiana, (which royal celuda was in the hands of the French go- 
vernment before the United States thought of acquiring the colony,) 
did not contemplate the delivery of territory east of the Mississippi, 
than that of the " island of New Orleans" 

To these grounds which have established and do establish, in 
the clearest manner, the property of his majesty in the said territory, 
may be added those of his pacific possession without interruption. 
The delivery of Louisiana took place without the least idea having 
occurred to the French commissioners who received it of his majesty, 
for the purpose of delivering it to the United States, of aspiring to the 
possession of the territory between the Ibberville and the Perdido; 
Spain continued, in the years following the delivery, exercising over 
it all her authority, and the United States respected this possession: 
a certain custom house regulation of the United States, in the year 
1804, which seemed to contain some expressions susceptible of an 
equivocal meaning as to the rights of his majestv in the territory of 
Mobile, were reclaimed against on the part of the king, and the 
United States agreed to give a satisfactory and honorable explana- 
tion, as to the said expressions. Whatever might be then in that 
state of things, the pretension of right which might be formed against 
it, it did not appear to conform to the principles universally acknow- 
ledged to enforce that pretension* by means of acts, and in truth, it 
was a painful duty for the faithful ministers of his majesty on his 
return from his captivity, to explain to him by what means and cir- 
cumstances he had been deprived of the peaceful possession of the 
greater part of West Florida without war, or any stipulation which 
could authorize, having preceded it. 

. * Note vias do hecho is French phraseology, vote de faites. 



£155J 



I? 



The king attributing this extraordinary event to the circumstan- 
ces also extraordinary of the epoch which had intervened, flattered 
himself that the United States would not defer placing things in the 
state which they were in at the time he left his dominions, and the 
invasion of the peninsula by Buonaparte The glory, and even the 
Interests of the United States might equally incline them to this re- 
stitution, for a recent and costly experience has made the world see 
that there are no acquisitions of territory, however extensive, which 
can compensate the advantages to result from the reputation which 
those governments acquire who regulate their operations by princi- 
ples conservatory of order and jus'ice. 

With these ideas, the king directed his minister at Washington, 
that, before he entered into the discussions which had remained 
pending, he should solicit the restoration of affairs in the state in 
which they were at the time of his absenting himself* This prelimi- 
nary step appeared correspondent to the decorum of his majesty, 
and the United States could not fail to acknowledge it to be so, it> 
being very certain that the delicate honor of the American govern- 
ment would not consent, in a similar case, to enter into other nego- 
tiations, finding itself inquieted in the pacific possession of even one 
mile of its acknowledged territory, without first soliciting and obtain- 
ing the due restoration. 

Notwithstanding this, and that the answer of the Secretary of 
State, of 19ih January* 1816, is far from containing the satisfaction 
and restoration which Spain had reason to expect; his majesty, to 
give unequivocal proofs of his moderation, and of his friendly dis- 
positions towards the United States, without renouncing, as he does 
in no way renounce, nor will renounce, unless in the case of some 
compromise, the right of property and possession which he has in the 
said territory, has judged fit not to insist on his demand for the pre* 
sent, in the hope that this point, though in its nature it ought to be 
preliminary, may enter into the general arrangement with the others; 
but your penetration will acknowledge readily, that on this essential 
point, as in others, the state of the question is not what it was in the 
year 1805, new occurrences of such importance having taken place 
since that period. 

You ought not then to be surprised, that Don Luis de Onis, see- 
ing himself in the necesity of omitting all discussion, as well on the 
points already discussed, in the year 1805, as on the ni)re recent 
occurrences, and invited to give his judgment on plans of adjustment 
presented bv one or the other party, should believe that the instruc- 
tions which he previously had, were insufficient, and even the inti- 
mation advice conformable to the contents of your note of 26th Au* 
gust, which was remitted to him with the powers; and that in this 
state he conceived himself without instructions to treat in the mode 
which, from the commencement he knew would be agreeable to that 
government: for though you are pleased to say, that it was by the 
note of the Secretary of State of January 25th, that Senor Onis 

3 



19 [155] 

might observe that it was desired to avoid all further discussion, I 
observe by the letters which I have from that minister, that on the 
6th of January he received the powers of his majesty, and that on 
the 10th of the same month, he advises that the Secretary of State 
had already in verbal conference, expressed his opinion, that discus- 
sion was useless, and that he had desired proposals and plans of ar- 
rangement to be made out, which were already making out on the 
12th. 

But leaving aside these incidents, which will be settled by the 
transmission of competent instructions to Senor Onis, I go on to 
propose to you as I have offered, the principal conditions of an ar- 
rangement, which, in my opinion, may terminate with reciprocal 
satisfaction, the pending questions. Although these will be sufficient 
to explain my mode of thinking, you will probably notice that, in 
some points they are diffuse, where I have thought it necessary to 
allude to the right from whence proceeds the proposal made, and 
that in other places they are succinct, where I have thought that de- 
tails may be omitted for the present, which it will be necessary to 
enter into afterwards, if it be agreed to put in form the transaction, 
to clothe it with the correspondent authority; in which case we shall 
draw it out by common consent, in terms appropriate to our pur- 
pose. 

Project of conditions or articles of arrangement. 

1st. His catholic majesty, and the United States, carrying into 
effect, the convention which is pending since the year 1802, oblige 
themselves to the reciprocal indemnification of the losses, injuries, 
and prejudices produced to the government, or subjects of either 
country, in consequence of excessess committed by individuals of 
either nation against the law of nations, or the existing treaty, com- 
prehending in this reciprocal obligation, not only the epoch to which 
tne said convention of 1803 refers, but also indemnities for poste- 
rior excesses of the same kind, committed by individuals of either 
nation, from such epoch till the day in which the present convention 
shall be settled and signed. 

2d. To admit, to qualify, to judge, and definitively to decide, 
on the reclamations of this kind which shall be presented, as well on 
the part of the government and vassals of Spain, as on the part of 
the government and citizens of the United States, a commission of 
five members shall be created, of which two shall be freely nomina- 
ted by the government of the United States, and two in the same 
manner by the government of his catholic majesty, and the fifth by 
mutual consent; and in case both governments cannot agree on the 
person to be designated for fifth commissioner, one shall be named 
on rach side, and the final election of one of these be decided by lot; 
but the two persons so named shall have the following qualifications. 
1st. They shall be neither Spaniards nor citizens of the United States, 
either bv birth or naturalization. 2d They shall be by their profes- 
sion and actual occupation, judges, such as in maritime and com- 
mercial states are accustomed to examine and decide in matters of 



[155] 



19 



public law and maritime affairs, whether from France, England, 
Russia, Austria, or the Low Countries. 3d. The nomination of the 
person shall be accompanied with a certificate of the government of 
the country to which he belongs, by which shall be accredited the 
opinion there entertained of his integrity and sufficiency, of his qua- 
lity and actual employment of judge in the said matters, and with a 
certainty that he may have permission to discharge the duties of the 
commission, in case the lot should fall on him. 

In case the American government shall prefer that the commis- 
sion be composed of seven persons, then the 5th, 6th, and 7th, shall 
be elected by the same method, and have the same qualifications as 
are indicated for the 5th in this article. 

3d. The substance of the two preceding articles, is taken almost 
literally from the convention drawn up in 1802; and from the same 
convention may be taken, strictly to the letter, all that is expressed 
in it, respecting the rules which the commission is to observe from 
the moment of its installation, till its dissolution after the faithful 
and impartial discharge of its duty 

4»th His catholic majesty has no difficulty in consenting also t 
that the same commission should decide on the reclamations arising 
from the losses said to have resulted from the suspension of the de- 
posite at New Orleans, decreed by the intendant of Louisiana in the 
year 1802, in the part of his decree which is reputed to be contrary 
to what is stipulated in the treaty of 1795; provided it is not desired 
to attribute to said suspension, the prejudices produced by false ru- 
mors of a suspension in the navigation of the Mississippi, which ne- 
ver existed; and the rumors of an early rupture, which some bad in- 
tentioned persons delighted to propagate at that time, in the territory 
of the United States; for the bad effects and prejudices resulting 
from such false rumors, can only be attributed to the authors of 
them. 

5th. His catholic majesty having received from the government 
of France, on different occasions, the official and explicit declaration^ 
that the injuries supposed to have been brought on the government 
and citizens of the United States by the French corsairs, agents, and 
tribunals on the coast of Spain, had been comprehended and settled 
with all others, in a convention made in 1800, between France and 
the United States, respecting the reclamations of the American go- 
vernment, it follows as well from this circumstance, as from others 
which were previously manifested, that this point should be excluded 
altogether from the pending negotiations. But, if the government 
of the United States, still insist in not considering itself satisfied for 
the said injuries, the natural course and order of the business appears 
to be, and has always been, that the American government should 
apply on it to the government of France, (to whose advantage, and to 
that of its subjects, the product of those depredations, if they existed, 
was converted,) and his majesty fulfilling on his part) what is provided 
by this case, by the 6th article of the treaty of 1795, obliges himself 
.to employ his efforts in union with the United States, to reclaim and- 



20 [155] 

cause to be restored to the legitimate proprietors the value of the ves T 
sels and goods which were taken from them; provided that these re- 
clamations have not been extinguished by the said convention of 1800, 
as France has assured the government of Spain, in its repeated com- 
munications. 

6th. His catholic majesty, master of Florida East or West, in 
all the extension in which he received them from England by the 
treaty of 1783, and which they had in possession of Great Britain 
before said treaty, will be willing, for his part, to cede them with the 
same extension to the United States of America, in full property and 
perpetual sovereignty, provided, that the United States are equally 
disposed on their part, to cede in the same form to his catholic ma- 
jesty that part of Louisiana, which is situated to the west of the 
Mississippi, and is the territory which lies between said river and the 
well known limit which now separates, and has separated Louisiana, 
when France possessed it before the year 1764«, and even before the 
death o, the king of Spain, Charles II, from the Spanish province called 
Texas; so that after these reciprocal cessions are verified, the course 
of the river Mississippi from its source to where it discharges into 
the sea, will be the only limit of the dominions of his catholic ma- 
jesty, and those of the United States; and though the king could 
wish, that in the most southern part of said river, where it opens 
different branches or channels, before discharging itself into the sea, 
the separating line might be continued through the principal channel 
which passes by JNew Orleans, yet, his majesty desiring, in all that 
depends on him, to facilitate the arrangement, it may be agreed and 
stipulated, that the dividing line in the part where the Mississippi 
separates itself and flows into different channels, shall be established 
towards the western part, placing it in the middle of the arm, or 
channel called la Fourche t to where it discharges itself into the sea, 
all the delta, or ground of alluvion, situated on the east ol said 
channel la Fourche, remaining in the power of the United States. 

7th. As by the 8th article of the treaty of Utrecht, it is declared 
that for the future, all cessions, sales, or alienations of the Spanish 
territory in America, shall benull and of no value, Spain herself re- 
maining without power to make them? and England obliging herself 
to aid the Spaniards, that the limits of their dominions in America, 
should be established and maintained as they were before the decease 
of king Charles II, and as the part of the Floridas situated on the east 
of the river Perdido, was a Spanish possession at the time of the -de- 
cease of said king Charles II, and therefore is comprehended in the 
said 8th article of the treaty of Utrecht, it is not in the power of his 
catholic majesty to effectuate by himself, the cession mentioned in 
the preceding article, without the previous consent and agreement of 
the power, or powers, interested in the fulfilment of the said treaty 
of Utrecht, for which reason, it will be indispensable, in case that 
the United States shall accede to the proposed arrangement, to soli- 
cit and obtain the said consent of the power or powers interested, 



fl 5 5] 



21 



and the derogation on this occasion, and for this sole purpose of the 
said article of the treaty of Utrecht, which in all other respects shall 
hereafter remain in full force. 

8th. It shall not be permitted that vessels employed in cruizing 
and committing hostilities against the Spanish government and vas- 
sals, or their commerce shall be armed or enter armed in the ports 
of the United States, and the vessels and effects, which such armed 
vessels may take from the vassals of his majesty, and which may be 
carried into the jurisdiction of the United States shall be embargoed 
and secured by the authorities of the same, and definitively delivered 
to the minister, or to the consul of his majesty, who may be at the 
nearest place, to hold at the disposal of those who may prove that 
they are the legitimate ow'ners And for the purpose of preventing 
and prohibiting clandestine armaments, which may be made in con- 
travention of this stipulation, the United States promise to give the 
strictest orders to the ofFcers to whom it belongs, to watch over 
and frustrate all attempts of this kind, the United States obliging 
themselves to detain all suspected vessels, without permitting their 
departure, till the suspicions respecting them shall have been cleared 
up, or till they have given bonds to the satisfaction of the respective 
consuls of his catholic majesty, guaranteeing, that they shall not com- 
mit such piracies and aggression against the vassals of his catholic 
majesty, who on his part obliges himself to do the same in the ports 
of Spain with respect to the United States. 

9thn It being notorious that diverse American citizens, in vio- 
lation of the law of nations, and of the stipulations of the existing 
treaty, in its articles 9, 12, 14, and 16, have occupied themselves for 
some time past in hostilities against the Spanish commerce and sub- 
jects, under the pretext and cover of certain unknown flags/ and that 
others, with equal irregularity have carried and suppliedbarms, am- 
munition, and other aid to the rebels of some Spanish ultramarine 
provinces which are in a state of insurrection; several of said citi- 
zens having gone to the extent of taking arms, and acting openly in 
support of said insurrection, his catholic majesty does not doubt 
but that the government of the United States, disapproving of the 
conduct of said individuals, and animated by a spirit of justice, and 
of a religious observance of the law of nations, and of the treaty, will 
oblige itself, by an article of the present arrangement, to promulgate, 
and cause to be executed, decrees and orders, which may restrain? 
and prevent, such excesses in future; in which way, also, may be 
avoided the reclamations consequent on the injuries occasioned by 
the same excesses. And his catholic majesty, in just reciprocity, 
will oblige himself on his part, to repress and prevent, in the same 
form, whatever excesses of the same, or a similar nature, his vassals 
may be guilty of, to the prejudice of the government and citizens of 
the United States, or of their commerce. 

The preceding articles or conditions, fulfil, in my opinion, the 
proposed object, and embrace whatever is essential to terminate, ho- 
norably, and with reciprocal utility, the pendiug discussions, lor 



22 [155] 

though there are some points of secondary and subaltern impor- 
tance which ought also to be comprehended in jthe arrangement, it 
does not appear to be opportune to enter into them, till we are agreed 
on the most essential articles; and these, if the case should happen 
to clothe them with due authority, we will draw out by common con* 
sent, explaining them with the clearness, exactness and precision, 
which is requisite in a transaction, so important in itself, and in its 
consequences. 

By this communication, which, pursuant to your suggestion, I 
have the honor to make you, as to the ideas of the government of 
Spain on an arrangement, or settlement of all the pending points, you 
will acknowledge the disposition of his majesty to terminate in a 
manner satisfactory, and reciprocally useful, the differences which 
have arisen; but if the American government, or you, who have been 
pleased to manifest to me, that you are instructed in its intentions, 
should not find in this project, the reciprocal utility which Spain has 
believed to exist in it, in this case, the king, constant in giving proofs 
of the rectitude of his intentions, proposes in the same spirit, another 
just, honorable, and conciliatory method, which the good faith of the 
American government cannot decline; for it is that which is common- 
ly adopted by civilized nations, when they proceed with a sincere in- 
tention to settle in a friendly and impartial mode, their differences. 
This mode, by which will be also avoided the inconvenience pointed 
out by the American Secretary of State to the minister Onis, arising 
from the difficulty of overcoming in discussions, the attachment and 
tenacity of each party to its opinions, and to the pretensions which 
they have already advanced, is no other, than to submit on both 
sides, the points in question and the grounds of them, to the exami- 
nation and impartial judgment of one or more powers, friendly t» 
the United States and to Spain, chosen by common consent, and who 
shall definitively decide upon the justice and extent of the pretensions 
of both governments; to which end, there shall be sent by the United 
States and by Spain, commissioners to inform the power or pow- 
ers chosen for arbitrators of their respective rights, each en- 
gaging in advance to abide by their decision; or otherwise that by 
common consent, they (two parties) should solicit the mediation of 
one, two, or more powers, friendly to both, that by means of this 
impartial intervention, we may arrive at the desired arrangement, 
The United States cannot but acknowledge the propriety of this pro- 
posal, which, besides, that it carries with it the character of good 
faith, is substantially the same which in a similar case, the American 
government has adopted for the deciding of points of the same na- 
ture, in the articles i, 5, 6, and 7, of the treaty concluded at Ghent, 
on the 24th December, 181*, between the United States and Great 
Britain. 

I persuade myself that in all I have said you will see, and your 
government will also see, evident proofs of the real desires, which 
animates his majesty to live iq harmony with the United States, es- 
tablishing for the future an order of thmgs of a nature to avoid the 



[155] 



25 



easy reproduction of motives of disagreement. I hope that you also, 
in the disagreeable event of not considering yourself to be sufficiently 
authorized to conclude with me here, the desired arrangement in the 
sense of the articles stattd, or to agree to the decision by arbitration 
or to the mediation which I have proposed, in reporting to the go- 
vernment of the United States this communication, will think fit to 
support it with the observations which your known earnestness, to 
promote the harmony and prosperity of both countries, will dictate, 
so that Don Luis de Onis, to whom will be sent instructions anala- 
gousto the principles of justice and mutual convenience, which I have 
laid down in this letter, may find greater facilities for arriving at the 
desired object, and thus we may both see established, upon solid and 
permanent ground, harmony between two nations, which have the 
greatest interest in preserving it, and none in leaving seeds of dis* 
cord, produced rather by unfortunate circumstances, than by the in- 
tention of their respective governments. 

I cannot conclude this letter, without manifesting to you another 
signal proof of the friendly dispositions of his majesty towards the 
United States, and that is, that ths re-establishment of the statu quo 
of 1792, and the annulment of various innovations and political 
changes, introduced by the abhorred tyrant of France in the epoch 
of his fatal domination, having been acknowledged by all the powers, 
as a base to secure the peace of the world; and on the other hand, it 
being evident the artifice with which he (Napoleon) forced from 
Spain, Louisiana, under pretext of an illusory exchange, as also the 
promise which he made, and soon after broke, not to alienate that co- 
lony, the king, my master, notwithstanding these considerations, and 
that neither the kingdom of Etruria, nor any equivalent for Louisi- 
ana, dismembered from his dominions, has been secured to him, or 
for the other sacrifices made at the same time, has abstained from 
making any demand on this point, on the ground of the statu quo of 
1792; on the contrary, is disposed, if the United States desire it, to 
renew, by an express article of the convention, in which the pending 
questions shall be settled, the past stipulations respecting Louisiana, 
correcting by this means whatever defect they might l*ave been af- 
fected with in their origin, 

I profit of this occasion to renew to you, &c. &c. 

(Signed) JOSE PIZARRO. 

Falace, VTtfi August, 1817. 

To the Minister Plenipotentiary 

Of the United States of 'America 



24 [155^ 

(Copy.) 

Mr, Erving to Don Jose Pizarro. 

Madrid, August 19, 1&17. 
SIR, 

I have had the honor to receive your excellency's letter of the 
47th instant, in which you are pleased to communicate to me the out- 
line of such a plan of adjustment of the several questions existing be- 
tween the two governments, as you believe to be well calculated to 
effectuate our common object of restoring a perfect good understand- 
ing, and laying a foundation for perfect harmony. 

As in my notes of the 19th and 29th July, I have fully explained 
to you the absolute impossibility in which I have been placed, by the 
transfer of the negotiations to Washington, of entering with you into 
regular discussions, and as your excellency has well understood, and 
had due consideration for the motives, which have determined the 
course that I have observed in this respect, I might with propriety 
now confine myself to the merely assuring you, that 1 am not able to 
accede to the basis which you have proposed, and taking that basis 
as the result of the deliberations of his catholic majesty's cabinet, to 
the expression of my very sincere regret, that it differs so widely 
from what would be reasonable in the view of my government; I 
might add that even if I were authorized anew to engage in these 
discussions, your excellency's project would scarcely offer me a hcpe 
of coming to such an arrangement, as might satisfy the just expecta- 
tions of the United States; for, as appears to me, in its leading fea- 
tures, it does but formalize the views more loosely exposed by Mr. 
On is, on which the opinion of my government has been already pro~ 
nounced. 

Nevertheless, I am induced, by the manner in which your excel- 
lency has stated the pretensions of Spain, as well as by respect for 
your personal character, to make a few remarks upon the chief arti- 
cles of your project, that you may thus be the more completely con- 
vinced, that it is out of my power to adopt it, and in the hope that 
your dispositions to conciliation may induce you to model your in- 
structions to Mr. Onis on a plan altogether different. 

And firstly, permit me to correct a misapprehension, in which 
your excellency seems to have fallen, with regard to ray note of Au- 
gust 26, 1S16, to your predecessor. You think that I have therein 
acknowledged, that occurrences which have passed since the nego- 
tiations at Aranjuez, in the year 1805, have considerably altered the 
state of the question on nearly all the points of controversy. In the 
commencement of that note, after announcing the disposition of the 
President to enter into arrangements, which should lay the foun- 
dation for a lasting* good intelligence between the two countries, I in- 
formed Mr. Cevallos, that I was "specially instructed to discuss and 
to settle" all causes of misunderstanding, as well of ancient as of re- 



[155] 



25 



dent date. I then proceeded to state the principal points, on which I 
was so authorized to negotiate, and, finally, more concisely to enu- 
merate those before alluded to as of recent date; it was my intention 
to show, that the causes of complaint had multiplied and been aggra- 
vated, but not that the state of the question on the points which had 
been previously discussed at Aranjuez, had been thereby altered; nor 
can I now see in the circumstances particularized by your excellency 
as grounds of complaint on the part of Spain, any reason for assent 
to such an opinion. The claims of Spanish subjects on the American 
government, and of the Spanish government for excesses committed by 
individual citizens , which you advert to as posterior to the convention 
of 1802, I was wholly unaware of. Your excellency will thus per- 
ceive, that it were impossible for me to accept of your first article, 
providing for a species of claims never before brought into view, and 
for others of a nature entirely novel; hence I may abstain from anv 
remark on the new and difficult mode of forming a commission by 
the second article. But much less could I pretend to engage my go- 
vernment as proposed by your fifth article, to relinquish its claims on 
Spain for indemnities on account of French spoliations within her ju- 
risdiction, a claim in is nature so indisputable, and in lieu of it resort 
to the hopeless resource of asking compensation from the French 
government, which, as you state, has declared that same claim to 
have been already satisfied. 

With respect to the very important question of limits, your ex- 
cellency observes, that since the discussions at Aranjuez, this go- 
vernment has accumulated documents, as well French as Spanish, 
more espicially respecting the western boundary of Louisiana, which 
render that line susceptible of the most exact and rigorous demon- 
stration, Your excellency has not defined exactly the line so mad* 
out, nor can I pretend to have an opinion respecting these new proofs 
which I have not seen, but I ought to presume, that they have been 
long since communicated to his majesty's minister in America, and 
that he has derived all the utility from them, which they are capable 
of affording; nevertheless, I have not observed the effect of them in 
the various communications of that minister to the Secretary of State 
of the United States, wherein the question of boundaries is discussed 
or touched on; and your excellency must have seen, in the Secretary 
of State's letter to Mr. Onis, of June 10, 181G, to which, in my note 
of 29th July, I took the liberty of requesting your particular attention, 
that the claims of the United States, as to the western boundary, are 
not only reasserted in such a way, as to show that they have not been 
affected by any new evidence which has been produced, but that in 
the same letter, to avoid the useless repetition of reasoning, which 
had not been shaken, express reference is made to the notes of March 
8th, and April 20th, passed at Aranjuez in the year 1805. Your ex 
cellency will perceive, also, by the Secretary of State's letter to Mr. 
Onis, of January 1Mb,, of this year, that even down to that date no 
•change of opinion had heen effected by whatever, either in conversa- 
4 



26 [155] 

tion or by writing, Mr. Onishad been able to advance in favor of the- 
pretentions of Spain on either boundary; on the contrary, that then 
the discussion was closed from the utter impossibility of coming to 
an agreement on the subject. 

lience your excellency will see how little in my power it can be 
to accede to your sixth article, founded on the supposition, that the 
United States own but a comparatively small territory on the western 
bank of the Mississippi; but which, in fact, requires a cession of that 
vast extent, which lies between the Rio Bravo and the Mississippi, 
in exchange for what his majesty owns ol the Floridas; and how still 
less possible it were for me to accept of that article, embarrassed with 
the conditions which your excellency would annex to it by the seventh, 
upon a plea which I never before heard of, and cannot now compre- 
aend; for it appears to me that the reference which you would make, 
is perfectly gratuitous. Your excellency speaks, I suppose, of that 
treaty of Utrecht, which was concluded July 13,1713. I understand, 
that the sole object of the eighth article of that treaty was to place the 
commercial relations between Spain and Great Britain on the same 
footing, which they had had in the time of his catholic majesty 
Charles the second; the more effectually to secure to Great Britain 
the advantages which she was to derive from that state of things, 
every extension of the French commerce in the Spanish American 
colones is prohibited, and consequently any transfer of territory di- 
rectly to her, or through any other power to her, is also prohibited. 
The motion for this stipulation is very clearly expressed; 

44 Y paraque la navegacion y comerc'io 
a las Ind'ias occidental's que dan 

masfinne V ampliamente asseguradas." 

These are the words of the treaty and determine the construc- 
tion which is to be given to the stipulation; consequent on this and 
in pursuance of the same object, was the obligation which Eng- 
land eniered into to solicit and aid, ( a solicitara y clara ayuda") with 
a view to restore the state of these possessions to what it was in the 
time of Charles 2d; if perchance they had undergone any dismem* 
bcrment since that period, her obligation does not go further. 

64 Si acaso se hallare que en a!g»_m 
moclo,e por aigun pretexto 
hubieren padecido alguna 
des membracion e quiebra 
despues la muerte de dicho 
rev Catolico Carlos Segundo.' 3 

Thus the purpose of this 8th article was nothing more than to 
place the commerce of the colonies, in as far as Great Britain and 
France were concerned, unon its former footing, and the territorial 
possession in the state it was icii in by Charles the 2d; the obligation 



[155] 



7 



of Great Britain on this latter point ceased, of course, as soon as the 
object of it was attained. 

With respect to the 8th and 9th articles of your excellency's 
project, I will only observe, that no stipulations can be necessary. 
The United States have done, and continue to do, all that their neu- 
tral position and good faith can require, and where the existing laws 
of the country have been insufficient, there new provisions have been 
enacted as you have seen by the law of Congress of March 3d, 
(called " Jin act more effectually to preserve the neutral relations of 
the United States") which I have had the honor to communicate to 
you. 

As to the alternative which your excellency proposes, on the 
supposition that your plan may not be acceded to, of referring our 
differences to the arbitration of other governments, it is certainly ur«» 
necessary for me to assure you that I have no powers or instructions 
which can authorize my speaking on the matter. 

Having, as I trust, now said enough to convince your excellency 
that your proposals are wholly inadmissible, I refrain from a variety 
of other observations which your letter has naturally sug-gested, de- 
siring not to agitate questions which are only tit for discussion where 
there is a possibility of eliciting from it the grounds of accord. 

I renew to your excellency, assurances of my distinguished con- 
sideration. 

(Signed) GEORGE W. ERVING. 



(Translation.) 
Bon Jose Pizarro to Mr. Erving* 

Sift, 

At the same time that I received your esteemed note of the 
19th of this month, 1 received your private note of the 23d. By the 
first, I have seen with pain, that you not only do not think that y'044. 
are authorized, since the transfer of the negotiation to Washington, 
to enter into a methodical discussion of the questions depending be- 
tween our governments, but you do not deem admissible by you, the 
project of arrangement, which, to comply with your desire, i pre- 
sented in my note of the 17th — and finally, that you can say nothing* 
as to the arbitration or mediation which I have at the same time pro- 
posed, as the most sure means of terminating in an honorable and 
conciliatory mode, the existing differences. In my opinion, it were 



28 [155] 

easy to combat and to dissipate the objections, which you are pleased 
to make to my said proposals; bin in the actual state of the business, 
it has appeare d to me more proper, to hasten the departure of Doi 
Luis Noelli, with suitable instructions for the minister of his majesty 
in the United States, founded on the knowledge of the respective 
rights, in considerations of reciprocal utility, and in the desire of an 
arrangement by honorable, impartial, and conciliatory means. His 
majesty hopes, that the government of the United States will do jus« 
tice to his sentiments, and will be convinced of the rectitude of his 
intentions. As in your private note you are pleased to express a de- 
sire to know the exact day of departure of Don Luis Noelli, I ought 
to tell you, that he will depart within four days, calculating from to- 
morrow, and that he will take charge of whatever commission yon 
may put under his care, and execute it with the same punctuality as 
mine. 

I profit of this opportunity to renew to you, &c. &c. 

(Signed) JOSE PIZARRO. 

To the minister of the 

United States of America. 

Palace, 31st August, 1 817. 



No. 3. 

(Translation.) 

Don Luis de Onis to the Secretary of State. 
SIR, 

The mischiefs resulting from the toleration of the armament of 
privateers in the ports of this Union, and of bringing into them, with 
impunity, the plunder made by these privateers on the Spanish trade, 
for the purpose of distributing it among those merchants, who have 
no scruple in engaging in these piracies, have risen to such a height, 
that I should be wanting in my duty, if I omitted to call your atten- 
tion again, to this very important subject. 

It is notorious, that although the speculative system of fitting 
out privateers, and putting them under a foreign flag, one disavowed 
by all nations, for the purpose of destroying the Spanish commerce, 
has been more or less pursued in all the ports of the Union, it is more 
especially in those of New Orleans and Baltimore, where the great- 



[155] 



29 



est violations of the respect due to a friendly nation, and if I may- 
say so, of that due to themselves, have been committed — whole squa- 
drons of pirates having been out from thence, in violation of the so- 
lemn treaty existing between the two nations, and bringing back to 
them the fruits of their piracies, without being yet checked in these 
courses, either by the reclamations [ have made, those of his majes- 
ty's consuls, or the decisive and judicious orders issued by the Pre- 
sident for that purpose. 

The American piivateer u Swift," which, as I mentioned to you, 
in my note of the day before yesterday, had captured, under the name 
of the "Mongore," and the flag of Buenos Ayres, the Spanish polacre 
"Pastora," just arrived at New Bedford, is now in Baltimore river, 
and her captain, James Barnes, who has so scandalously violated the 
laws of nations, the neutrality of this government, and the existing 
treaty, has had the effrontery to make a regular entry of his vessel at 
the custom house of Baltimore, declaring his cargo to consist of 
bales and packages containing silks, laces, velvets, and other valuable 
articles, all, as you may suppose, plundered from the Spaniards, 

The three masted scho >ner, called the "Intrepid," lately arrived 
at New York from Montevideo, is, as his majesty's consul there, in- 
forms me, the Spanish vessel called the "Leona," captured off Cadiz 
by the schooner "Orb," of Baltimore, whose armament I denounced 
to you at the time, and communicated the positive information I had 
received, that her object was to cruize against the subjects of the king, 
my master. This pirate, (for that is the name by which both nations 
have agreed to consider a privateer of this description) was armed 
at Baltimore, manned by subjects of this republic, and commanded 
by a Portuguese called Almeyda, an American citizen. 

The schoner "Leona," now at New York, under the name of 
the "Intrepid," and ostensibly owned by one Miffimg, at Philadelphia, 
had on board, when captured, thirty thousand dollars in specie, three 
hundred boxes of sugar, some grain, with other property, belonging 
to Moreno, de Moro, and others, merchants at Cadiz; and had a car- 
go of jerked beef, and other articles, belonging, as I have heard, to 
the merchants in Baltimore, who furnished the funds for equipping 
the "Orb." 

The consul at New Orleans, informs me, that the pirate Mitchell, 
with the vessels under his command, Btted out J)y different merchants 
at that port, of whom a Mr Dupuy is supposed to be the principal, 
has lately taken several Spanish prizes to Galveston, and that from 
the proceeds of their sales, he has remitted to the said deputies 
105,000 dollars, which he has deposited in the bank of Louisiana, 
after deducting the shares of the captain and crew, amounting, as is 
supposed, altogether, to 200,000 dollars. The same consul adds, 
that two of the prizes, one from Campeachy, and the other from Gua- 
timala, were burnt, and their crews landed by that savage monster, 
near Boquilla de Piedras, that they might be, as they actually were, 
put to death by his great friend, Villapinto, a noted rebel ringleader? 



30 [155] 

who, being'pursued by the king's troops, had retreated to the seashore 
to make his escape. Of ninety men composing these crews, only 
nine were saved. 

The consul, at Norfolk, informs me of the arrival there, of a 
privateer schooner from Buenos Ay res, one of several fitted out at 
Baltimore, and wholly owned there; that from what he has been able 
to ascertain, among other vessels, she plundered a Spanish ship, la- 
den with a cargo of cochineal, indigo, and specie, to the amount of 
more than two hundred thousand dollars — and proceeded to Balti- 
more to divide the spoil among the concerned. The said consul, in 
the discharge of his duty, and the exercise of his rights, addressed an 
application to the collector of the customs, copy of which is annexed; 
and also of the answer of the collector, by which you will perceive 
that he declines this just reclamation. I could cite innumerable 
other cases, as well attested as those I have just stated, but I omit 
them, as their detail would fatigue you, without tending to demon- 
strate more effectually, that they proceed from the non-observance by 
the officers of this government of the President's proclamation, and 
of the treaty of limits and navigation between the two governments. 
Although his majesty has too much confidence in the rectitude of the 
President, to doubt that due compensation will be made for these inju- 
ries to his subjects, on the same principles as have been observed by 
his majesty, on other occasions, towards the United States, yet, I 
cannot omit requesting, in his royal name, that in the mean while, the 
President may be authorized to take the most energetic measures re- 
quired by the case, to put an end to these practices, and that he would 
be pleased to cause the vessels I have before mentioned, to be confis- 
cated, together with their cargoes — and security to be given by Mn 
Dupuy for the amount of his deposite in the bank of Louisiana, as be- 
ing the proceeds of the Spanish prizes made by the pirate Mitchell; 
and that as a general measure, every privateer coming into these 
ports under a flag not acknowledged, be detained and sequestered, 
to be made responsible for the depredations committed by 7 it. 

I trust, that the President, will be the more disposed to accede 
to this request, as in addition to its justice, it is strictly conformable 
to his friendly sentiments towards my sovereign, and the humane 
principles by which he is characterized. 

I renew to you my respects, sir, and pray God to preserve you 
many years'. 

(Signed) LUIS DE ONIS. 

Washington, 2d January, 1817. 



[155] 3i 

Enclosure in Bon Luis de Onis' letter of 2d January, 1817. 

(Copy.) 

Spanish ComuVs office, 

Norfolk, 16th of December, 1816. 

SIR, 

On seeing an armed vessel in this harbor, in front of the town, 
displaying a flag unknown to me, and I will venture to say, unknown 
to the United States, and at any rate not recognized by them; and 
there being no doubt that this vessel is one of those known to be 
committing great depredations at sea on the Spanish trade, and fre- 
quently, also on ships of all other nations, not excepting those under 
trie merchant flag of these states, I have thought it my duty to 
apply to you to request you to give me some information respecting 
said armed vessel; her character and nationality, and under what 
authority she navigates the seas as a public or private ship of war, 
who commands her, and how she is manned, and in what light you 
vujw her in your olticial capacity. 

In making these inquiries of you, I hope that you will only see a 
desire on my part to acquire information upon a question of vast im- 
portance to the commerce of Spain, as it affects materially the safety 
of her merchant ships: whether or not those sea plunderers are to 
find an asylum in the ports of the United States, which would so 
gready increase the means of carrying on their spoliations. I am 
confident that it is not the wish of this government to afford any sort 
of protection to a^set of men, (for the most part foreigners to the 
country they pretend to serve,) who avail themselves of the dissen- 
sions which uufortunately prevail between Spain and some of her colo- 
nies, to exercise their merciless rapacity upon the inoffensive merchant, 
not only of Spain, but in many instances ot other countries; and I 
am too well acquainted with your own character to suppose that you 
would be inclined to favor them. Indeed the intentions and good 
disposition of this government towards Spain, are rendered manifest 
in the President's proclamation of the 1st September, ISlii; and it 
is there ioroidden to American citizens to take any part in the con- 
tentions between Spain and some of her distant possessions; and it 
is enjoined on all officers, civil, and military, under the government, 
to be vigilant in searching out and bringing to punishment, all such 
citizens as shall act contrary to the intent of said proclamation; and 
there being a report in town that many of those composing the crew 
of the vessel in question are Americans; I have thought it necessary 
to call your attention to this point, not doubting that you will con- 



32 [155] 

sider it as meriting your particular examination. I will concluc by 
availing myself of this opportunity to assure you of the great respect 
with which I remain, sir, 

Your most obt. humble servant. 
(Signed) ANTONIO ARGOTE VILLALOBOS. 

Charles K. Mallory, Esq. 

Collector of Norfolk and Portsmouth, 



(Answer.) 

Collectors office y Norfolk, 

December 16th, 1816. 

SIR, 

I have had the honor to receive your note of this morning. In 
respect to the vessel which is the subject of it, I deem it necessary 
only to remark that she is recognized in this office in no other cha- 
racter than that of any other foreign vessel arriving in our waters 
from a for. ign port; that my duty does not require of me to re- 
quest her flag so far as to make it a criterion or condition of her 
admission into this port, and that I shall take care, in this, as in other 
cases, to see that the laws of the United States and other regulations 
of the government, so far as they come within the sphere of my 
authority be duly observed. 

1 reciprocate the sentiments of respect you express for me, and 
v am very respectfully , 

Your most obedient servant, 

(Signed) CHARLES K. MALLORY- 

#on Antonio Jlrgote Villalobos. 



[155] 33 

(Translation.) 

Bon Luis de Onis to the Secretary of State, 

SIR, 

On the 1st instant, I informed you of the arrival at New Bed- 
ford of the Spanish polacre "Pastora," captured by the American 
privateer "Swift," under the name of the "Mongore," and the flag of 
Buenos Ayres, commanded by a captain Barnes, a citizen of these 
4tates Two days afterwards I addressed to you another note, stat- 
ing the arrival in the river and port of Baltimore of the said priva- 
teer, with the bootv piratically plundered from the subjects of the 
king, rriy master, and requesting ^hat you would be pleased to obtain 
of the President sued orders, as would most effectually insure the 
confiscation both of the vessel and of the privateer, chat they might be 
made answerable for the damages justly claimed by the owners of the 
property. Although I am persuaded, that it is the multiplicity of 
business thai has prevented your answering my notes, yet I cannot 
doubt, that the President will have given the orders I requested in 
them. Notwithstanding this, and the application made by his majesty's 
consul at Baltimore, in the discharge of his duty, to the attorney for 
that district, a copy of which is annexed, I regret to announce to you, 
that, the collector and the aforesaid attorney, have thought fit to allow 
the said pirate to depart, and that after having ascertained that fact, 
the said attorney wrote a note to his majesty's consul, copy of which 
is enclosed", inviting him to call at his house to confer with him on 
the subject, of his note. 

It is not my wish to trespass on your attention with the reflec- 
tions that are naturally produced by such notorious proceedings, nor 
pointedly to notice the incivility of the attorney for that state towards 
a consul of my nation; my only object is to bring to your view what 
has occurred in the case of the vessel, that, by submitting it to the Pre- 
sident, he may be convinced, that the injuries sustained by the king's 
subjects in these ports, by the violation of the existing treaty between 
the two nations, which has the force of a law, are daily augmenting, 
and that the more they are diffused, the more difficult will it be here- 
after to adjust the indemnities due to his majesty's subjects. 

I trust, sir. that you will only see in the step I now take, a con* 
tinued proof of my desire to restore that good understanding and 
sincere sense of justice between the two countries, which form 
the basis of real harmony in every society, and that you will, there- 
fore, be induced to give this subject ail the attention due to its im- 
portance. 

I beg leave to renew the assurances of my perfect respect, and 
pray God to preserve you many years. 

(Signed) LUIS DE ONIS, 

Washington, 15th January, 1317« 
5 



34 [155] 

(Translation.) 

Don Luis de Onis to the Secretary of State. 
SIR, 

I have just received information from the king's consul at New 
Orleans, of the capture, within sight of the Balize of that port, and at 
little more than musket shot from the land, of the Spanish schooner 
il Hipolita," captain Don Buenaventura March, by the pirate ^Jupi- 
ter," under the Margarita flag. To enable you fully to judge of the 
atrociousness of this capture, manifestly in violation of the territory 
of the XJuited States, I have the honor to enclose the declaration of 
the captain of the said schooner, made before his majesty's consul at 
the aforesaid port; by which it appears he was at anchor in the Pass 
of the Mississippi, and with Fratigue from the Balize, on board, 
when he was boarded by the aforesaid pirate, and so inhumanly 
treated by him, as to be left weltering in his blood on the deck. 

It would be superfluous to affect your sensibility by a detail of 
the multiplied injuries and outrages incessantly sustained by his ma- 
jesty's subjects, in these ports; they have already been admitted by 
the President in his message to Congress, recommending the adop- 
tion of such measures, as in their wisdom may appear best calculated 
to repress them; thereby offering to the king my master, a pledge that 
his excellency admits the necessity of indemnifying them as far as 
possible. It is, however, with great regret, that I have to remark on 
the delay in carrying such urgent measures into execution, and that 
the '.injuries complained of, have not been prevented by a due obser- 
vance of the laws of nations, and of the existing treaty, which, by the 
constitution has the force of a law in all the courtSy in consequence of 
its ratification by the President and th« Senate. 

I pray you, sir, to accept the assurances of my perfect considera* 
tion. God preserve you many years! 

(Signed) |,UIS DE ONI& 

Washington , 16th January t 1817. 



(Translation.) 

Bon Luis de Onis to the Secretary of State. 
SIR, 

I have just learned, with the greatest satisfaction, that the, 
parshal of Baltimore has despatched a boat with a picket of soldiers 
in pursuit of the pirate Mongore, which has been brought back to 



[155] 



35 



that port, in conformity to the orders which I had flattered myself 
would have been issued by the President. I shall lose no lime in 
giving an account to his majesty, of the friendly dispositions manifes- 
ted by this government, and add the hope, that this evidence of it, 
will be the forerunner of sentiments calculated to remove every sha- 
dow of misunderstanding between the two governments. 

I offer you, sir, the renewed assurances, &c. &c. and pray God 
to preserve you many years! 

(Signed) LUIS DE ONIS. 

Washington, ±6th January, 1817. 



(Translation.) 
Mr, Onis to the Secretary oj State ', dated \Oth February, 1817* 

SIR, 

In addition to the schooner Hipolita, which I informed you in 
my note of the 16th of last month, had been captured by the pirate 
Jupiter, in the pass of the Balize of New Orleans, at anchor, within 
musket shot of the land, 1 have just received official notice of the 
capture, by the same pirate, of the Spanish brig, c died ^Regna de 
los Angeles," proceeding from Campiche. This vessel was also at 
anchor in the Balize, very near the land, and with the pilot on board 
to ascend the river, but no consideration was sufficient to restrain 
that pirate, in his injustice. I am informed that commodore Pat- 
terson, in consequence of the reclamation made by the consul of 
his majesty, in the said port, has despatched a vessel in pursuit of her, 
and there are appearances that he will succeed in rescuing the prizes, 
and placing them at the disposition of their owners; but you cannot 
but know, that if the perpetration of this crime go unpunished, as has 
been the case on other occasions, or if their escape is permitted, as 
has happened in Baltimore, with the captain and crew of the pirate 
Mongore, neither the vassals of his majesty will be able to obtain the 
evidence which might be drawn from their declarations, in order to 
reclaim their property, nor the crimes discovered that they may have 
committed, nor the number of these robbers be diminished, who so 
highly compromit the neutrality of the government, robbing indis- 
criminately, the vessels of all nations, confident that all the harm that 
can happen to them is, that they should be deprived of some of the 
proceeds of theirpiracies. 

In poof of the solidity of these assertions, I ought to add, that at 
the time these* captures took place at New Orleans, in violation of tha 



36 [155] 

territory of this republic, general Humbert, the chief of a band of 
robbers, armed and equipped, in the province of Louisiana, who had 
occupied Galvestowi . had arrived at New Orleans, to solicit provi- 
sions and munitions for that establishment Not only have they been 
sent under the American flag^ but the agent, Mr. de Souvir.et, has 
bought a brig with the products of the robberies of these pirates, which 
are now deposited in the bank of Louisiana, amounting to 180,000 
dollars, as vou will see by the annexed paragraph of tht Gazette of 
New Orleans; and this vessel is pre paring to carry more provisions 
and munitions to that establishment, and to take back to the United 
States, the spoils of the Spaniards, which are not considered secure, 
in that place. 

In the port of Baltimore, the brig Peace, (P r az) mounting 16 
guns, commanded bv captain Stafford, well known tcr having before 
commanded the privateer schooner Maria, which was confiscated in 
Porto Prince, has been lately bought for the purpose of cruizing 
against the Spanish commerce. According to information which I 
have received, the brig called the 4th ot July has gone out qt that 
port with the same object, commanded by captain Watkjns, and arm- 
ed by order of the famous Thomas Taylor, commissioner of -Buenos 
Ay res: finally, schooner Romp, whose outrages and piracies are of 
public notoriety, has again sailed for Norfolk, with the design of 
equipping there, to proceed again on her cruize. 

I consider it my duty to make you acquainted with all these 
acts, in which are in manifest contravention of the treaty existing be- 
tween the two nations, to the end that the President, giving them the 
consideration which they deserve, may issue the orders that may ap- 
pear to him best adapted to restrain them, until Congress determines 
to destroy them at the root, whereby the commerce ot all nations 
may be secure. 

I renew, &c. 

(Signed) LUIS DE ONIS. 



(Translation.) 
Mr. Onis to the Secretary of State, 

SIR, 

When I had the honor to communicate to you, that in virtue of 
the orders which the President had sent to the marshal at Baltimore, 
the pirate Mongore had been detained and embargoed in that port, 
I had a right to believe that the marshal, as well as the attorney of the 



[155J 



37 



United States, would have caused the captain and crew to be imme- 
diately arrested, to take from them the declarations which public ven- 
geance, and the interests of Spain, as well as of this government, re- 
quhed, to ascertain the names of the vessels plundered by that pirate, 
the depository of the effects, and the fate of the Spanish crews. 

You may consider what was my surprise on receiving positive 
information, that the marshal has liberated the captain and crew of 
v that pirate, that he has not proceeded to take from them any decla- 
ration, and has even permitted that the Mongore should go to sea 
again, under bond, to commit her piracies. The said vessel is yet in 
the river, stopped by the ice, and her captain, Barnes, very tranquil 
in his house, occupied in taking out of it, publicly, the effects plun- 
dered by him, which, it is calculated, exceed eighty thousand dollars 
in value, without any impediment being put to his proceedings by the 
•authorities at Baltimore. 

It is extremely painful to me to interrupt your attention so often, 
on such unpleasant subjects; but I should be wanting in my duty if I 
should delay to inform this government of the manner in which the 
orders of the President are eluded in Baltimore, in order to heap 
injury upon injury on a friendly nation, and promote the revolution 
of its provinces. In vain will it be alleged, in order to cover this pro- 
ceeding, that the laws are not sufficient to pursue, without a positive 
evidence, those citizens who commit hostilities against Spain: the 
treaty which exists between the two nations is a law of the republic, 
and no tribunal can decline its observance. The proofs of its infrac- 
tion cannot be more manifest or decisive: the Spanish schooner cap- 
tured by this same vessel, which is permitted to go out to sea, is now 
in a port of this Union, the effects on board of the one and the other 
belonging to the king's vassals; the seamen, the log-book of the re- 
spective vessels, and the captain himself, ought to give all the evi- 
dence that justice requires, to decide: if these are not examined on 
the equivocal pretext that they cannot be found, or that there is no 
evidence for proceeding against them, the consequence will be the 
continuation of an organized piracy for the robbery of all nations; 
that public vengeance will remain unsatisfied; and humanity exposed 
to all the horrors of such highway robbers. 

1 cannot do less than repeat my solicitation to the President, in 
the name of the king my master, that the corsair Mongore, may be 
secured, that the effects found on board, may be deposited, as well as 
those which may have been already discharged from her, that the 
papers on board be examined, as well as the journals, crew, and cap- 
tain, and that it be proposed to make all the investigations, that 
wouid< under similar circumstances, be made in Spain, if a like case 
should occur to the United States, in order to remedy the damages, 
and prevent their repetition. 

I flatter myself that you cannot fail to find my solicitude just, 
and that the President will accede the more cheerfully to it, as it is 



3a £155] 

agreeable to the sentiments of humanity and impartiality, which cha- 
racterize him, and to the desire which he has manifested to me to 
strengthen the bonds ot friendship with my sovereign. 

I renew, &c. 

(Signed) LUIS DE ONIS. 

Washington, Feb. 11, 1817. 



(Translation.) 

The Minister of Spain to the Secretary of State, dated 
February 12, 1817. 

SIR, 

After my official letters of the 10th and 11th of this month were 
written, I received advice from Baltimore, that captain John Chase 
was now there, and that it was understood that he had left the com- 
mand of the privateer Potosi, (alias the Spartan, of Baltimore,) and 
likewise, that there were in that city more than thirty officers and 
sailors, who h:id belonged to the said privateer, and who had come 
there for the purpose of claiming from the said Chace. their portion 
of the prize money from the Spanish ship " Ciencia," of which they 
had taken possession at sea, in the manner you will see detailed in the 
declarations of four of the sailors of the said privateer, copies of 
which are enclosed. 

This, without doubt, is a case which merits all your attention, 
as it is proven, in the most positive manner, that a certain number of 
American citizens had armed and equipped a vessel in Baltimore, 
had gone to sea in her, and had committed an act of hostility against 
Spain, contrary to the laws ol nations, and in violation of the 14th 
and of other articles of the treaty existing between the two nations; 
thus compromiting the dignity of the United States, who cannot but 
disapprove such conduct, and violating the rights of the king my 
master. 

The consul of his majesty in Baltimore, has, without loss of 
time, proceeded judicially against the beforementioned John Chase, 
by soliciting his arrest, and at the same time is taking measures to 
attach, in the hands of Mr, Didier, merchant, of Baltimore, twenty 
odd thousand dollars, which it is known he has received from the 
sa'.d price; but I see at once that all the efforts of the consul will be 
in vain, unless this government interpose all their authority, by giving 
the proper orders for vindicating their own dignity, which has been 



[155] 39 

compromited by the atrocious conduct of these bad citizens. I do 
not deem it necessary to repeat to you the many observations I have 
had the honor to make to you upon various occasions on occurrences 
of this kind: and I therefore limit myself to asking of you to commu- 
nicate this case to the President, who, I ought to expect, will take such 
measures as he may think best adapted to the correction of this dis- 
order, and for doing justice to the aggrieved party. 

I renew to you my respects, and pray God to preserve your life 
many years. 

(Signed) &UIS BE QMS. 

Washington, February 12, 1817. 



(Translation.) 

Bon Luis de Onis to the Secretary of State,. 

SIR, 

In confirmation of what I had the honor to state in my note to 
you of the 12th instant, I now enclose a list of the articles which Mr. 
Henry Didier, a merchant of Baltimore, has landed there, under the 
usual forms of the custom house, from on board the American 
schooner " Remittance," captain James Rogers, from x\ux Cayes, they 
being the same which had been plundered from the Spanish ship 
*' Ciencia," by the privateer " Potosi," captain James Chase, by 
whom they were transshipped on board the said schooner, and con- 
signed to the abovementioned Didier. 

In consideration of these proofs, I trust that you will be pleased 
to obtain from the President the necessary order to effect the delivery 
or security of this property, for the benefit of its lawful owners, and 
that you will have the goodness to advise me of the same for my 
government. 

I renew to you my respects, and pray God to preserve you many- 
years . 

(Signed) LUIS DE ONIS. 

Washington^ %%d February, 1817. 



4,0 [155] 

(Translation.) 

Don Luis de Onis to the Secretary of State, 

SIR, 

The session of Congress being within two days of closing, and 
the Senate having not given its assent to the bill passed by the House 
of Representatives, for the purpose of putting a stop to the arma- 
ments making in different parts of the Union, in violation of the laws 
of nations, and of the treaty existing between his catholic majesty 
and this republic, I have considered it my duty to represent to you 
the injuries resulting from this delay to Spain, and likewise to all the 
nations of Europe; to the end that, if the President sees fit, he may 
be pleased to cause this subject to be taken into serious considera- 
tion. 

I renew to you my respects, and pray God to preserve you many 
years. 

(Signed) LUIS DE ONIS, 

Washington, ZSth February, 1817. 



(Translation.) 
Don Luis de Onis to the Acting Secretary of State. 

SIR, 

In an official letter, under date of the 11th of last month, which 
I had the honor to direct to the Secretary of State, I represented to 
this government, that, contrary to my expectation, I had just received 
positive information that the marshal at Baltimore had left at liberty, 
the captain and crew of the pirate " Mongore," and had even per- 
mitted her to go to sea to renew her excesses, without having even so 
much as taken their declarations, which the public vengeance, and 
the interests of both governments demanded: I dwelt on the great 
injuries which would follow to my nation, from the impunity and 
toleration which these highway robbers met with in this country; 
and requested that the President would give the correspondent di- 
rections for preventing this injury. 

In my official letter of the 12th of the same month, I took occa 
sion again to call the attention of this government to the same sub- 



[155] 



41 



ject, though in a different case, in consequence of having re- 
ceived advice that captain John Chase, who commanded the priva- 
teer ^Potosi," (alias the Spartan oi Baltimore,) and more than thirty- 
persons belonging to her crew had arrived at Baltimore, of whom 
four had given very detailed declarations respecting the capture of 
the Spanish vessel, the ^Ciencia " of her halting place, and of the 
existence in Baltimore, in the possession of Mr. Henry Didier, to 
the amount of more than % C ZQ 000; and requested that the govern- 
ment would interpose its authority, to give effect to the prosecution 
which the consul of his majesty had set on foot against the person of 
Chase; and (to) the legal proceeding under which he has succeeded 
in attaching in the hands of Mr. Didier, the said interests; and under 
date of the 22d of same month, I enclosed a list of these effects, 
which were in the hands of Mr. Didier. 

I have not, as yet, had the honor to receive an answer to any of 
the above mentioned notes; and I have just understood, that the au- 
thorities at Baltimore, contemning the evidence of the four witnesses, 
who had presented themselves, and the entry in the custom house in 
the name of Didier, of the effects robbed from the Spanish, have 
permitted the said captain Chase to go very tranquilly to Norfolk, to 
enjov the fruits of his depredations; that with universal scandal, and 
notwithstanding the character of captain Barnes, as a pirate, was esta- 
blished by the decision of the court of the United States, in Boston, 
which had declared as illegitimate, his prize, the Spanish schooner 
<4 Pastora," and ordered that she should be restored to her owners; 
he has sailed from Baltimore, with his privateer "Mongore," as soon 
as the ice permitted, and gone down the bay, to go to sea, to repeat 
his cruelties; without its having been possible for the consul of the 
king to get the declaration of Barnes, and his people taken, as to 
what had been the lot of the crews of the Spanish vessels which they 
had captured; declarations, which, not only by the laws of nations 
but by the more sacred law of humanity, should have been takea, 
considering the vehement and well founded suspicions there were, 
that they had assassinated all the individuals who had had the mis- 
fortune to fall into their hands. 

In consideration then of the excesses committed against the sub- 
jects of the king my master, and of those, which, from the impunity 
and Toleration on the part of the authorities of this country, are in a 
state to be repeated, vvith vessels purchased, armed, manned, and 
equipped, in the ports of these States, contrary to all the laws of na- 
tions, to the express stipulations of the treaty which exists between 
the two countries, and to the laws of humauity, itself, I cannot do 
less, in discharge of my obligation, than to represent and reclaim in 
the name of my sovereign, the damages and injuries which have re- 
sulted, and may hereafter result to his subjects; and to protest against 
the authors of all of them. At the same time, I cannot omit to beg 
you with earnestness, to be pleased to inform me of the measures 
which this government may have taken for the purpose of having re- 

6 



42 [155] 

stored to the Spanish owners, the effects of which they have been rob- 
bed, and also, to ascertain the fate of the unfortunate crews of the 
Spanish vessels which have been captured and destroyed by the two 
pirates above mentioned; as likewise by the other two called the Orb 
and the Romp, that were, in like manner, armed in Baltimore. 

I hope you will have the goodness to give me the information I 
ask, that I may bring it to the knowledge of the king my master. 

I renew to you my respects, &c. 

(Signed) LUIS DE ONIS. 

Washington, March lb, 1817. 



(Translation.) 

Don Luis de Onts to the Secretary of State. 

SIR, 

I had the honor to receive your note of the 13th instant, in 
whichv by order of the President, you enclose a copy of the act pass- 
ed by Congress, on the 3d, entitled, "An act more effectually to pre- 
serve the neutral relations of the United States," by which the Pre- 
sident trusts, that my government will perceive a new proof on the 
part of the United States, of a desire to cultivate just and friendly 
dispositions towards Spain. 

I cannot but be highly gratified, by all those occasions on which 
the government of these States, manifest a disposition corresponding 
with that entertained by the king, my master, to maintain and 
strengthen the amicable relations subsisting between the two na- 
tions; and I therefore hope, that the President will cause the most 
effectual measures to be taken to enforce an observance of this law by 
the officers of this government, with greater exactness than has hi- 
therto been paid to the existing laws, and to the express stipulations 
of the present treaty between the two nations. 

I shall embrace the first opportunity to transmit a copy of this 
act to my court, for the information of my sovereign; and with re- 
newed assurances of my respects, I pray God to preserve you many 
yearsl 

(Signed) LUIS DE ONIS. 

Washington, 15th March, 1817. 



[155] 43 

(Translation.) 

Don Luis de Onis to the Secretary of State. 
SIR, 

I have just been informed, that there have entered at Norfolk, 
two pirates, under the flag of Buenos Ayres, the principal of which, 
is called the "Independencia del Sur," armed with sixteen guns and 
one hundred and fifty men — her captain is the well known pirate cal- 
led commodore Chaytor. The second is the schooner "Romp,' ? 
which, to enter into that port, has changed her name to that of u Alta« 
veda," — she has a crew of seventy men, and appeared to be com- 
manded by a person called Gliner. Both vessels were built and fitted 
out at Baltimore, belong to citizens of that place, and others in this 
republic, and their crews and captains are of the same. Their en- 
trance into Norfolk, has been public to revictual, and return to their 
cruize against the subjects of the king my master; but their principal 
object is to place in safety the fruits of their piracies, which must be 
of great importance, if we attend to the information from Havanna, 
which states, that they have robbed a single Spanish vessel coming 
from Vera Cruz, of ninety thousand dollars; and to the fact that on, 
the 21st of the present month, they had deposited $60,000 in the 
bank of Norfolk, had landed a number of packages of cochineal, and 
had declared that they had taken to the amount of two hundred and 
ninety thousand dollars. I am informed, that the person called com- 
modere Chaytor, was about to set out for Baltimore, probably to set- 
tle accounts, and divide his robberies with the persons interested in 
the outfit. It is a circumstance worthy of remark, that these two pi- 
rates saluted the fort at Norfolk, and that it returned the salute upon 
the same terms as would have been done with a vessel of war of my 
sovereign, or of any other nation acknowledged by all independent 
powers. 

It would be superfluous to take up much time in representing to 
you, how sensible my sovereign, and likewise all maritime nations 
must be, to aee that their flags are treated on an equality with pirates, 
in the territory of this Union. So obvious a reflection cannot be 
withheld from your knowledge, and that of the President. I there- 
fore do not doubt, that if, as I persuade myself there has been, a mis- 
take in the honors paid to these pirates, you will be pleased to disap- 
prove of the conduct of the commander of the fort, and give suita- 
ble orders to prevent its happening in future. 

At the same time that I expect ths measure from the justice of 
the President, I claim in the name of the king my master, that all 
steps be taken for the arrest of these pirates, whether they be at Nor- 
folk, or that they repair, as is probable^ to Baltimore, where their 
principal associates are, that they be proceeded against according to 
the act of Congress of the 3d instant, and to the stipulations of the 
treaty between his majesty and this republic; that legal means be taken 
to ascertain all the captures made by them during their cruize, the 



44 [155] 

fate of the Spanish crews that have fallen into their hands, and the 
places of deposite of the property taken from on board them, in order 
that by attaching the same by the competent tribunals, it may be held 
for the disposal of the owners who may prove their property. 

This request being, moreover, founded injustice, is supported 
bv the friendly sentiments of this government towards his catholic 
majesty, by the assurances which the President has given to me of 
his sincere desire to put an end to a piracy, which, although in oppo- 
sition to the sentiments of the administration, highly compromits the 
dignity and character of a people distinguished for its rectitude, mo- 
rality, and its refined virtue. I therefore cannot but confidently hope, 
that you will enable me to inform my government of the measures 
which may be taken in this matter. 

(Signed) LUIS DE ONIS. 

Washington, March 26, 1817, 



(Translation.) 

SIR, 

The pirate Orb, fitted out at Baltimore, under the name of the 
" Congress," and flag of Buenos Ayres, commanded by Joseph 
Almeida, a Portuguese, and a citizen of this republic, has had the 
audacity to return and enter the said port, there to deposite a part of 
his robberies. The piratical character of this vessel is as fully ac- 
knowledged, as it is proved that she was armed and manned with 
people of this country and of others in the abovementioned port, and 
that she had made different prizes in the neighborhood of Cadiz and 
other points, since there now is in the port of New York, the Span- 
ish Palane, the u Leona," captured by her, whose cargo, consisting of 
two hundred thousand dollars is concealed, where, it is not known, 
and in rhe same port of Baltimore, there are deposited the proceeds 
of the Spanish Brig kt Sereno" and her cargo, captured by the same 
vessel. No evidence can, in my judgment, be offered, which gives 
greater certainty to facts so notorious P by chance any thing could 
be added thereto, it would be the acknowledgment of their attrocities. 
Nevertheless, 1 have the mortification to say, that neither this noto- 
rietv nor the reclamations of his majesty's consul at that port, have 
as yet been sufficient to produce those steps which are required by 
humanity- to secure the person of this notorious pirate, to take the 
declarations of the crew, and to prevent their enjoying their plunder 
to the prejudice of the lawful owners. 



[155] 



45 



I think it my duty to bring this incident to your knowledge, and 
I doubt not that the President, when informed thereof by you, will 
take it into the serious consideration which it merits, and give the 
most positive orders that a suit be instituted against this pirate, that 
an attachment be laid on all his property and funds wheresoever they 
may be placed throughout this republic; and that they be held at the 
disposal of those owners who may prove their property. 

As I propose to despatch a messenger in a few days to my go- 
vernment, and it will be very agreeable to me to give to his majesty, 
an assurance that the United States are seriously disposed to put an 
end to the injuries resulting to Spain from the nonobservance of the 
treaty between the two nations, I will thank vou to inform me as 
speedily as possible of the measures which may be taken in this case, 
and in that on which I address you in a separate despatch of this 
date, 26th March, 1817. 

(Signed) LUIS DE ONIS. 



Department of Stat e y 

March 28th, 1817. 

SIB, 

I have had the honor to receive your two notes, dated the 26th of 
this month, stating that you have been informed, that two armed 
vessels, which have been committing unauthorized depredations 
upon the commerce of Spain, have recently arrived at Norfolk, and 
that a third, liable to the same charge, has arrived at Baltimore, thus 
bringing themselves within the reach of those laws, against which in 
the above, and in other ways, it is alleged they have offended. 

Conformably to the constant desire of this government to vindi- 
cate the authority of its laws, and the faith of its treaties, I have lost 
no time in writing to the proper officers, both at Norfolk and Balti- 
more, in order that full inquiry may be made into the allegations con- 
tained in your notes, and adequate redress and punishment enforced, 
should it appear that the laws have been infringed by any of the acts 
complained of. 

I use the present occasion to acknowledge also the receipt of 
your note of the 14th of this month, which you did me the honor to 
address to me, communicating information that had reached you, of 
other and like infractions of our laws within the port of Baltimore; 
in relation to which, I have to state, that letters were also written to the 
proper officers in that city, with a view to promote every fit measure 
of investigation and redress. Should it prove necessary, I will have 



46 [155] 

the honor to address you more fully at another time upon the sub- 
jects embraced in these several notes. In the mean time, I venture 
to assure myself, that in the readiness with which they have thus far 
been attended to, you will perceive a spirit of just conciliation on the 
part of this government, as well as a prompt sensibility to the rights 
of your sovereign. 

I pray you sir, to accept the assurances of my distinguished con- 
sideration and respect. 

(Signed) RICHARD RUSH. 

The Chevalier de Ortis, 



(Translation.) 
Don Luis de Onis to the Acting Secretary of State. 

SIR, 

By your note of yesterday, I am apprized that the President, 
on being informed by the notes to which you have replied, of the 
audacity with which the pirates armed in this country introduce into 
it the fruits of their robberies, has been pleased to give suitable or- 
ders to the authorities at Norfolk and Baltimore, that having ascer- 
tained the facts which I have brought to his knowledge, they should 
duly proceed according to law, against the violators of the laws of 
this republic. The district atttorney for the United States at Balti- 
more, has replied to the king's consul there, that he has no evidence 
upon which he can proceed against captain Almeida; but if a witness 
should offer, who will depose to the facts referred to, he will proceed 
to order an embargo to be laid on his vessel. I am perfectly aware 
that good order, the personal security of individuals, and the preven 
tion of any violence being committed upon them, require that suits 
should be instituted according to the rules of court; but when a crime 
is notorious to all, and is doubted by none; when the tranquillity and 
security of the state, the honor of the nation, and the respect that in- 
dependent powers owe to each other, are interested in putting a stop 
to crimes so enormous, as those I have had the honor to denounce to 
you, it appears to me that the magistrates are authorized to collect a 
summary body of information, to inquire whether the public opinion 
is doubtful, and if there be ground to institute a suit. The collector 
of the customs cannot be ignorant that the three vessels which I have 
named to you, were built and fitted out at Baltimore; that they were 



[155] 



47 



cleared at that custom house as Americans; that their crews were, at 
their departure, composed of citizens of this Union, as were their 
captains, and that the effects which they have landed, can only come 
from Spanish countries. What stronger testimony, if more is wanted, 
than their own declaration, can be desired to proceed against these 
pirates? 

The ships' papers, the declarations of the crews, the log book, 
are all testimony which can throw light upon the truth or falshood of 
the crime alleged, and makes it unnecessary to trouble them, until 
it be ascertained that there is ground for proceeding judicially against 
them. 

It must have been known to you, sir, that when the rebel Mina, 
armed and equipped at Baltimore, for the purpose of attacking the 
dominions of the King, his majesty's consul presented two declara- 
tions, sworn to by two officers, who had accompanied him, setting 
forth all the plans and projects of this traitor, and the manner in 
which he had violated the laws of the republic; that on another occa- 
sion the same consul presented the declarations, on oath; of four sai- 
lors of the pirate Potosi, stating the prizes they had made, the mer- 
chants to whom were addressed the effects stolen from the vassals of 
the king, and that in both cases they were considered insufficient to 
proceed against these highway robbers, and to afford the vassals of 
his catholic majesty that protection which they had a right to expect 
of a friendly power 

At this very moment, I have received advice from his majesty's 
consul at Norfolk, staling that a quantity of seroons of cochineal, in- 
digo, and Jesuit's bark, brought in by the two privateers, the Inde- 
pendence of the South, captain Chaytor, and the Altavela, alias Romp, 
captain Grennolds, has been shipped at that port on board the packet 
which sailed on the 23d instant for New York, in order that by chang- 
ing place, and appearing to be cleared out by other merchants, the 
vassals of his majesty may be deprived of their property, and the pi- 
rates and merchants who have fitted them out, become the owners of 
the booty. No one renders more justice to the rectitude of the Pre- 
sident than I do, and to the sincere desire that he has to put a stop to 
practices so contrary to the virtue and good faith which characterize 
this republic; but it is that very cause which lays me under the neces- 
sity of exposing these practices, with an entire confidence that the 
President will only see in this communication, my anxious desire to 
prevent any obstacles being thrown in the way of the friendly ar- 
rangement now pending between the two powers. The treaty of 
limits and navigation existing between them, establishes in the most 
positive manner, that the two nations have agreed to consider as pi- 
rates, all vessels fitted out in the two countries respectively, manned 
and commanded by their reapective subjects or citizens, acting in a 
hostile manner against one or the other of the two contracting par- 
ties under a foreign commission; the acts of Congress of the 5th of 
June, 1794, of the 14th of June, 1797, and the second section of the 
30th of April, 1790, prescribe the punishment to be inflicted on these 



48 [1553 

persons, and the steps to be taken on both sides to restore the proper- 
ty to its lawful owners. 

I rely on your justice and friendly sentiments towards my go- 
vernment, for promoting, with the President, such orders as in his 
wisdom and foresight will seem to him best adapted to prevent the 
evasion of the laws, and the sacrifice of that portion of his catholic 
majesty's subjects who have been robbed by these pirates. 

I renew, &c. 

(Signed) LUIS DE ONIS. 

Washington, 29th March, 1817. 



(Translation.) 

Bon Luis de Orris to the Acting Secretary of State, 

SIR, 

Although I have always made it a duty not to intrude on 
the attention of this government, by remonstrances which are not 
founded on incontestible facts, or at least, on moral evidence, 
yet it appeared to me, in the conference which I had with you yester- 
day, that you were not satisfied with the complaints I iately addressed 
to you against the pirates, <c Potoso, Mongore, Congreso, Indepen- 
dencia del Sur, and Altavelda," I have now the honor to annex a copy 
of a letter from the owners of the Spanish ship " Nuestra Senora 
de los Dolores," and of one from the consignee at Havanna, by 
which you will be informed that the said vessel was captured near 
to Cadiz by the pirate " Independence del Sur," captain James 
Chaytor. 

I also enclose to you the declaration on oath of Joseph Ojeda, 
captain of the Spanish schooner Catalina, captured by the pirate 
Almeida, commanding the Orb, alias the " Congreso." By this de- 
claration you will see the number of Spanish vessels he has plunder- 
ed, those he has burnt, and those he has sent to other ports. I flatter 
myself that you will find in these documents, if not all the evidence 
required by the laws of the United States for the puishment of a man 
who has committed so many atrocious acts, at least sufficient to jus- 
tify the detention, for the benefit of the lawful owners, of the pro- 
perty which he is endeavoring to introduce clandestinly into this 
country, in violation of the treaty of friendship, limits, and navigation 
now existing between the two powers. 



'[155] 



49 



I hope, sir, that you will allow me to use the term li pirates/ 5 
in speaking of these banditti. My impression is, (and I found it 
tipon the treaty of amity I have just referred to,) that every vessel built 
or fitted out within the jurisdiction of this republic, manned and com- 
manded by citizens of the Union, which is navigated and commits 
hostilities under a foreign flag, is, and must be deemed a pirate; that 
as such, it is liable to confiscation with all the property on board, 
that it mav be afterwards restored to the lawful owners, although no 
one should present themselves to make the claim in their hehalf, as 
would be done in the case of any known murderer, or of one against 
whom there existed strong suspicions of having committed a crime 
against society, and this for the purpose of satisfying the calls of 
public vengeance. I hope that you will have the goodness to inform 
me if I am mistaken in this conception, and in case it should be that 
of the President, that you would be pleased to obtain such measures 
of him as in his wisdom he may deem most proper, to prevent the 
vessels abovementioned, together with their captains, again putting 
to sea, and to afford that protection to his majesty's subjects which 
they have a right to expect, from the close friendship existing between 
the two governments, by laying an attachment on the property on 
board those vessels, that it may be delivered up when its owners are 
ascertained. 

I renew to you, sir, the assurances of my respects, and pray 
God, &c. 

(Signed) LUIS DE ONIS. 

Washington, 4th April, 1817. 



No. I, 



(Translation.) 

Havana, ±7th December, 1816. 

Bon Thomas Stoughton, 

SIR, 

The foregoing is a copy of my last of the 4th instant, which f 

confirm. * I am again obliged to trouble you by requesting you would 

be on the watch, if the ship called the Na. Sa. de los Dolores, alias 

he " Primera," should put into any port of the United States, which 

vessel I despatched for Cadiz on the 10th of July, under the com- 

7 



so [issj 

mand of captain Nicholas Larrea, with a cargo of sugar consigned 
to the owner, Don Juan Fsco. de Vergaro, of the same place, who, 
under date of the 3d of September, informs me of her capture on 
the 27th of August, near Ca^e St. Vincent, by the privateer Inde- 
pendencia del Sur, captain James Chaytor, and giving me authority 
to claim or ransom her, as you will see by a copy of his letter enclos- 
ed. I therefore hope you will do me the favor to advise me of 
whatever may turn up in the affair, that the requisite orders may be 
-promptly given. 

(Signed) FRANCO. DE PAULD DE MAURA. 



No. 2. 

(Translation.) 

Cadiz, Sd September, 1816* 
Bon F. de P. Moreno de Maura, 

SIR, 

On the 27th of August last, at the distance of 22 leagues from 
Cape St. Vincent, the ship Na. Sa de ios Dolores, alias Primera, 
captain Nicholas Larrea, which sailed on the 10th of July of the 
present year, was captured by the insurgent schooner brig of Buenos 
Ayres, called the Independencia del Sur, commanded by James 
Chaytor. On being captured captain Larrea endeavored to ransom 
his vessel and cargo, and the commander of the privateer actually 
agreed to estimate the sale at 50,000 dollars, including therein, 5,000 
for the vessel, the ransom to be paid in Cadiz. When they were on 
the point of drawing up the necessary writings, the brig Golondrina 
from Cumana, appeared in sight, which being likewise made prize 
of, she was afterwards liberated to carry to Cadiz, the crew of the 
Primera, and on that account the ransom was not carried into effect. 
As it appears by information that the privateer which captured her 
was fitted out in North America, and commissioned by the insurgent 
government of Buenos Ayres, she will be purchased for little or 
nothing. I understand that she will be ordered to the Cayes of St. 
Louis, St, Thomas, St. Bartholomew, North America, Jamaica, or 



£155] 



51 



sdmc other English port. It will, therefore, be for my interest and 
that of your brother, Don Pascal, &c. &c« 

(Signed) JUAN FSCO. DB VERGAR^v 



No. 3. 
Baltimore county, state of Maryland, to wit; 

fie it remembered that on the first day of April, 1817, personally 
Speared before me, Daniel Rogers, notary public for this state* 
Diego Jose Ojeda, and being first duly sworn according to law, de- 
poses as follows: That he was captain of a Spanish schooner, called 
the Nueva Catalina, that he was taken in the said schooner on the 
coast of Cuba, by a privateer called the the Congreso de Buenos 
Ayres, commanded by Joseph Almeyda; that in the night of the 
same day, the ninth of February last, his said schooner was taken 
by the Spanish brig of war, Campedor, and immediately afterwards 
taken again by the same privateer, when having taken out all the 
provisions and best part of the sails, fire was put to the said schooner 
Catalina, and her crew put on board an American schooner with the 
exception of the captain, the second mate, the cook, and two passen- 
gers, which captain Almeyda said he would not liberate until the 
same had been done with one of his officers and five men who had 
been taken prisoners there; 'during the deponent's stay on board of 
Almeyda's privateer, he took the schooner Ardilla from Omsa with 
a cargo of salsaparilla and two thousand dollars, which sum was 
taken out and the schooner burnt. 

On the 19th of February he captured two brigs, the San Antonia 
Abad, from Vera Cruz, for the Havana, in ballast, and having 
some money on board; this vessel was also burnt. The other brig, 
San Jose, from Havana to Campeche, with a cargo of brandy, wine, 
and other goods, was completely plundered, and the prisoners of the 
Ardilla and San Antonio, with the two passengers of the Catalina, 
were put on board of her, keeping a man of each vessel on board of 
the privateer; the San Jose was then allowed to proceed to Cam* 
peche. 

On the 24th he captured the Poz, bound from Sisal to Havana, 
on board of which vessel a prizemaster and eight sailors, were 



52 [155] 

sent, as also the mate of the Catalina. She was then despatched for 
Galveston. Her crew were put on shore, at about eleven leagues 
from the port of Sisal; and this deponent further states that Almeyda 
made sail for this place, where the said deponent was not allowed to 
land, until the 28th of March last, when he was sent on shore, with- 
out any of the papers of his vessel; Almeyda having taken possession 
of them. 

In testimony whereof, the said deponent hath hereunto subscrib- 
ed his name, and I, the said notary, have hereunto set my hand and 
affixed my notarial seal, the day and year first hereinbefore written, 

(Signed) DANIEL ROGERS, notary public, (l. s.] 

(Signed) DIEGO OJEDA. 

The foregoing is a copy of the original, transmitted under this 
date, to the district attorney for the district of Maryland. 

(Signed) PABLO CIIACON. 



(Translation*) 
Don Luis de Onis to the Acting Secretary of State. 

SIR, 

As nothing can be more flattering to me than to prove to you 
that all my reclamations bear the stamp of the most scrupulous exact- 
ness and truth, I have the honor to enclose the declaration, on oath, 
of two seamen of the Spanish brig San Antonio de Padua, captured 
by the pirate Almeyda, by which you will see that this pirate has not 
confined himself to taking and burning Spanish vessels, but has also 
detained and robbed an English vessel upon the high seas. 

I hope that you will have the goodness to bring the said document to 
the knowledge of the President, as a corroboration and support to the 
reclamations which I have addressed to you, in order that the pro- 
perty plundered by that pirate, and by the Pocosi, Independencia del 
Sur, Mongore, and Altaveda, may be secured for the subjects of the 
king, my master, and that they may not be permitted to return to sea» 
to continue their depredations. 

I renew my respects, &c. 

(Signed) LUIS DE ONIS. 

Washington, April 5, 1817. 



[155] 

Baltimore county, state of Maryland, to toil: 



5 



Be it remembered that on the fourth day of April, in the year of 
our Lord one thousand eight hundred and seventeen, personally ap- 
peared before me a justice of the peace of said county, Lewis Falcone 
and Barnard Falcone, Italians, and being 6rst duly sworn according 
to law, depose as follows: 

That they belonged to the crew of the Spanish schooner San 
Antonio de Padua, he, the said Lewis being gunner thereof, that 
having sailed from St. Jago de Cuba, bound for Havana, on or about 
the 28th of January last, they were chased and captured the same 
day by a Buenos Ay res privateer, called the Congreso, commanded 
by one Jose Almeyda, who took the deponents on board his vessel 
depriving them of fifty boxes of segars, four barrels and five bun- 
dies of Spanish tobacco, and a bag containing silk handkerchiefs; 
that during their stay on board Almeyda's vessel, he took^seven Span- 
ish prizes, three of which he burnt, and on or about the li?th of 
March near the port of Havana, he fell in with a British brig, chased 
her under Spanish colors, and when sufficiently near, fired into her, 
hoisting at the same moment the Buenos Ayres flag: the brig being 
armed was defended by discharges of grape shot nearly the whole 
day, but being boarded in the evening, v/as compelled to surrender: 
during the whole transaction the Britsh ensign was at her main peak, 
and no other flag. Her crew were taken on board the Congreso, 
and the vessel plundered of several valuable articles of gold and 
silver. She was given up and allowed to proceed — her mate receiv- 
ed a musket shot through the head, of which wound it was almost 
impossible he could recover. And these deponents further state, 
that Almeyda after this proceeded to the Uuited States, and arrived 
at Baltimore on or about the 28th of March last. 

(Signed) LEWIS FALCONE, 

BERNARD FALCONE his X mark. 

Sworn to and subscribed before me by Anthony Canno, 
(Signed) THO. W. GRIFFITH. 



(Translation.) 
iVhe Chevalier de Onis to the Acting Secretary of State*. 

Washington, 18th April, 1817, 
SIR, 

By the information which has been transmitted to me by his 
majesty's consul at Baltimore, in relation to the legal steps taken by 



54 t 155 3 

him for the seizure of the pirate " Congreso," captain Alnieyda^ 
and the attachment of her cargo, it appears, that the court of Balti- 
more county, has declared its incompetency to take cognizance of 
this cause, on the plea that the Congress had not the power to alter 
the mode pointed out by the constitution, in which similar causes are 
heard and decided in the supreme court of the United States, from, 
which decision it follows, that no state judge or justice of the peace, 
has power to arrest any individual for a violation of the laws of this 
republic. I will not permit myself any reflection upon the forms of 
law which may be laid down for cases of this nature^ nor upon the 
powers which are, or are not, within the competency of the legisla- 
ture; but I cannot the less express to you my surprise, that the states* 
attorney has not given the direction recommended by the laws, to an 
affair, which, in addition to the justice due to the subjects of his ca- 
tholic majesty, so essentially interested the honor of the United 
States, by the violation of its statutes, its treaties, and its neutrality 
with foreign nations. 

The result of all which is, that the pirate Aimeyda is at full li- 
berty — that his vessel, the " Congreso," is released from attach* 
ment, a,nd that he is free to land, and place in safety, the fruits of his 
piracies; — that during several weeks, he has had thirty hands at work 
upon hls-vessel, sheathing her with Xopper, making new sails, and 
giving her a thorough repair; and that there is an appearance that he 
will profit by the first favorable wind to put to sea, and continue witk 
greater fury his atrocities and piracies, before the suit can be institu* 
ted in the court which is now designated, if effectual measures be 
not taken to prevent him. 

I therefore hope, that you will be pleased to lay the aforegoing 
subject before the President, and, I doubt not, that animated by his 
desire to preserve the friendship which happily subsists between Spain 
and this republic, he will adopt those measures, which appear to him 
most suitable to prevent the evasions employed to obstruct the course 
of justice, and burden the United States with an indemnification for 
injuries of such magnitude, occasioned to the subjects of the king, 
my master, by reason of the nonobservance of the treaty which ex- 
ists between the two nations. 

(Signed) LUIS DE ONIS, 



(Translation.) 

'Xke Chevalier de Onis to the Acting Secretary of State. 

Although I was persuaded that the act of Congress of the 3d 
of March, relative to the preservation of the neutrality of the United 
States, in addition to the treaty of friendship, limits, and navigation. 



[155] 



55 



fisting between Spain and this republic, and to the act of 1797, 
which prescribes the mode of pursuing the violators of the laws of 
this rt public, would exempt me from again calling your attention by- 
new reclamations, to the injuries which the subjects of the king my 
master, incessantly experience from the privateers armed in the ports 
of this Union, the annexed copies of notes, which his majesty's con- 
sul at Norfolk, has addressed to the states' attorney, and to the col- 
lector of the customs, and the answer which he received from the 
latter, will show you, that nothing is sufficient to put a stop to the 
evil of which I have so often complained to this cabinet. 

By these documents, you will see, notwithstanding the proofs 
presented by J)on Antonio Argote Villaiobos, that the pirates "Inde- 
pendencia del Sur," and "Atrevida," were both fitted out at Baltic 
more, that their captains, Chrytor and Graynolds, are American ci- 
tizens, as well as their crews; — that both the one and the other have 
received commissions, and cruised under a foreign flag, against the 
Spanish commerce; that they were then strengthening their arma- 
ment, and increasing their crew; and finally, that the same collector, 
Who acknowledges they bring no manifest (registro) of the articles 
they have on board, from any authority or port, known or unknown, 
thereby evidently proving that they were stolen on the high seas, refus- 
ed to arrest this property, unquestionably stolen, to hold it at the dispo- 
sal of the owners, who might prove their claims; and to detain the 
vessels, which, in manifest violation of the laws of this republic, and 
above all, of the act of Congress of the 3d of March, are there pre- 
paring to return to their cruize. 

I shall abstain from fatiguing you further upon a subject to which 
I have so often claimed your attention, and that of the President. I 
flatter myself that the transmission of the proceedings, such as they 
have been transmitted to me, and the elucidation afforded by the an- 
nexed copies, will be sufficient to induce the President to acknowledge 
the urgency of adopting measures, really effectual, at once to put an 
end to these piracies, otherwise his majesty will not be able to see, in a 
continuance of these excesses, a confirmation of the assurances which 
the President has given me of his desire amicably to adjust, by means 
of a treaty, all the differences pending between the two governments, 
and to strengthen the friendly relations with his majesty by new ar- 
rangements mutually advantageous to both states; nor the pledge 
which I have already given him, that if the above mentioned act of 
the 3d of March, did not repair the evils suffered by his subjects until 
that period, it would at least prevent those by which they were threat- 
ened in future. 

I renew to you, &c, 
(Signed) J.UIS DE ONI& 

Washington, imk Aprils 1817. 



56 [155] 



No. 1. 

Spanish Consul's Office, 

Norfolk, 10th April, 181?. 
Charles K. Mallory, 

Collector of Norfolk and Portsmouth, 

SIR, 

I found it my duty, on a former occasion, to make an official 
application to you, in the case of the armed schooner "Potosi," cap* 
tain Chase, said to be acting under a commission from the pretended 
government of Buenos Ay res, (where, by the bye, she had never 
been,) but which had been fitted out, armed, and equipped, in the 
port of Baltimore, to cruize against the subjects of Spain, contrary 
to the law of nations, and in violation of the neutrality of the United 
States, their laws, and stipulations in the existing treaty bet ween the 
two nations, concluded on the 27th October, 1795, and in opposition 
to the intentions of the government, manifested in the President's 
proclamation of the 1st September, 1815, and since, more fully dis- 
played by the act of Congress passed on the 3d March, ult. entitled 
"An act more effectually to maintain the neutral relations of the Unit- 
ed States." 

I do not doubt, sir, but that you participate in the indignation 
which every honest man feels at the lawless proceedings, the greedy 
rapacity, and in many instances, horrid cruelties of this set of sea 
depredators, who, being for the most part, citizens of the United 
States, are a disgrace to this country; but still, you did not think 
yourself authorized to interfere, though in your reply, dated the 16th 
of December, ult- you expressed that you would take care in that, 
as in other cases, to see that the la\vs of the United States, and other 
regulations of the government, are duly observed. 

Impelled again by duty, and relying on the assurance (just quo- 
ted) in your said letter of the 16th of December, ult., I do myself 
the honor of addressing you the present letter, to request you to in- 
terpose your authority, for the purpose of detaining the armed brig, 
* Independencia del Sur," alias, the "Mammoth," commanded by Jas. 
Chaytor, and the schooner "Alteveda," alias, the "Romp," captain 
Grinolds, both which vessels have been armed and equipped in this 
country, in violation of the law of nations, the neutrality, laws, expli- 
cit stipulations, and professed intentions of the government of the 
United States, and are commanded, and principally manned, by citi- 
zens thereof. 

As these violators of all law pretend to shield their conduct 
under a commission from a government, the existence of which is 
not acknowledged by this or any other civilized country it becomes 
necessary for me to call your attention to the 14th article of the treaty 
existing between Spain and ;his councry, by which you will find that 



[155] 



57 



it is expressly forbidden to the citizens and subjects of either nation 
respectively, to take any commission from any prince or state with 
which the other nation shall be at war; and such as will take such a 
commission are punishable as pirates. Upon the strength of this ar- 
ticle, and in vindication of the laws and honor of the United States, 
I must solicit you to put a stop to the farther proceedings of these 
freebooters, and to deter them from going on in their criminal course 
to the great detriment of the commerce of Spain, a nation in amity 
with this country, and to the annoyance of the peaceable commercial 
subjects of all other nations. I must further solicit you to stop these 
vessels, on the ground that they have in this port improved their 
equipment and considerably augmented their crews, by enlisting, 
several individuals, contrary to the said act of Congress of the 3d 
of March ulto., which enlistment is the more aggravating, because 
most of the individuals so enlisted, are known to be citizens of this 
country. I also solicit you to stop and keep in your possession cer- 
tain stolen goods, namely, cochineal and indigo, which I am told, 
are now in the custody of the custom house under your direction, 
reserving to myself to prove hereafter the true owners of this pro- 
perty. I must add the request to be furnished with a copy of the 
entry or manifest of the goods or articles of merchandise imported 
by, and landed at this port from the said cruizers. 

In closing this letter I cannot forbear expressing a hope that 
you will give to this application all the attention which the nature of 
the case requires, and that you will not delay your answer, from the 
tenor of which I shall regulate my conduct, so as to acquit myself 
of that duty to my king and country, imposed upon me as well by 
my office as by my personal feelings. 

"With great respect, I remain, 

Your obedient humble servant. 

(Signed) ANTONIO ARGOTE VILLALOBOS. 



No. 2. 

Spanish ConsuPs office, 
Norfolk, 10th April, 1817. 

SIR, 

The enclosed is a copy of an official letter which I have address* 
ed this day to the collector of the customs of this port. 
8 



58 [155] 

As there is do question, but that the government of the United 
States are bound to punish such of their citizens as in defiance of all 
law have committed hostilities against a friendly nation, and alstf to 
arrest them in their progress, when they are seen within their juris- 
diction preparing to continue their nefarious course; and as it is in 
your province, as district attorney to see, that the laws of the Union 
are duly enforced, both in the punishment of crimes, and in the 
prevention of them, I make the same application to you that I have 
made to the collector, requesting you, in the name of my govern- 
ment and the suffering subjects of Spain, to issue such process as 
will deter James Chaytor and captain Grinnolds, their officers and, 
crews, mostly American citizens, from going out of this port to re- 
new their depredations on Span sh commerce; at the same time, that 
I leave to your discretioruto institute anv further proceedings that 
the nature of the offences already committed may admit of, and of 
which I shall furnish proofs in due time. I must also request you 
to secure in behalf of the true owners of the stolen property which 
can be come at, namely, a parcel of cochineal and indigo, landed by 
these privateersmen at this port, and said to be now in the custody 
of the c'3*tom hou e. 

I hope, sir, that you will see the proprierty of my applying to 
you in the present instance, and that you will do me the favor to- 
answer this letter, app is;ng me of the course you mean to adopt for 
my information, and to enable me to give proper intelligence to my 
minister. 

I remain, respectfully, 

Sir, your most obedient servant, 

(Signed) ANTONIO ARGOTE VILLALOBOS. 

William Wirt, Esquire,. 

District attorney of the United States, Richmond* 



No. 3. 

Collector's Office, Norfolk, April 11, 1817. 

SIR, 

I had the honor to receive your note of yesterday, in relation 
to the two armed vessels, now lying in this port, under the flag of 



[155] 



59 



the government styling itself "the United Provinces of the river 
Plate," the one called "Independencia del Sud," and the other, 
"Atrevida." You require me to detain these vessels upon the grounds, 
that ia violation of the law of nations, the neutrality, laws, explicit 
stipulations, and professed intentions of the government of the United 
States, they have been armed and equipped "in this country, and are 
commanded and principally manned by citizens thereof;" — that Un- 
der the 14th article of the treaty between Spain and this country, they 
are pirates, and that in violation of the act of Congress of the 3d 
March last, 'more effectually to preserve the neutral relations of the 
United States," "they have in this port improved their equipment, 
and considerably augmented their crew, by enlisting several indivi- 
duals." In reply to which, I conceive it proper only to remark, that 
these vessels have not been unnoticed by me, and that in my conduct 
towards them, I shall endeavor, as I have done, to observe that course 
which my official duties appear to me to have prescribed. In pursu- 
ing which, that I may have the aid of every light to guide me, which 
facts can afford, and the allegations thus made by you, in an official 
form, must be presumed to be bottomed on positive facts, which have 
come to your knowledge, you will have the goodness, I trust, to fur- 
nish me, with as little delay as possible, with the evidence of their 
existence, in your possession. 

In respect to the merchandise landed from these vessels, and de- 
posited in the public store, which you request me to retain in my cus- 
tody, for proofs to be obtained by you as to the owners of it, I have 
to observe, that the circumstances of the case, as far as they are at 
present known to me, do not seem to require that I should take upon 
myself the responsibility. On the contrary, that these goods should 
be regarded as che property of those who deposited them, subject to 
be delivered to them, on complying with all the requisites of the laws 
for the protection of the public revenue. 

There was no regular manifest or entry of these articles, or a 
copy of it should be furnished to you, according to "your request, but 
simply a memorandum of them, and a receipt of the keeper of the 
public store, from which it appears, that there were ninety-two. bales 
or packages of cochineal, jalap, and varilla, consisting chiefly of the 
first mentioned article. 

I am, respectfully, sir, 

Your obedient servant, 
(Signed) CHARLES K. MALLORY. 

Don Jlntonio Argate Villalobos, 

His catholic majesty' 's consul ', Nor for Ik, 



60 [155] 



No. lb 

Spanish Consul's Office, 

Norfolk, 12th JlpriI,±S17. 
SIR, 

I have had the honor to acknowledge the receipt of your letter 
of yesterday, in answer to mine of the day before, solicitiug you to 
detain the privateers "Independencia del Sud," and "Atrevida," on the 
grounds that those vessels have been originally armed and equipped 
in this country, and are now commanded and principally manned by 
citizens of the United States, and because they have in this port, im- 
proved their equipment, and augmented their crews by enlistment; 
and further, soliciting you to retain in your possession, and not to re- 
deliver to those privateersmen, certain articles of stolen goods now 
under your custody; in reply to which, you are pleased to observe, 
that those vessels have not been unnoticed by you, and that you shall 
endeavor to observe with regard to them, that course, which you 
think your official duties prescribe to you; requesting me, at the same 
time, to furnish the evidence to prove the facts that I have set forth, 
in order that you may have the aid of every light to guide you; and 
finally, you observe, {that from the circumstances of the case, you do 
not think you ought to take upon yourself to retain possession of the 
property above mentioned, of which you give a description in general 
terms 

With regard to the evidence you require, I will not hesitate to 
say, that as the facts I have stated are matter of public notoriety, 
known to every body, and I had no reason to suppose that you were 
ignorant of them, I did not deem it incumbent upon me to add any 
proof to the simple narration of them, and I was confident, that by 
going on to point out to you the stipulations and laws which are in- 
fringed in consequence of those facts, you would think yourself au- 
thorzed to interfere in the manner requested. 

I will assert sir, as a known fact, that the brig, now called Inde- 
pendencia del Sud, is the same vessel, which was formerly known under 
the name of the Mammoth Privateer, belonging to Baltimore, armed 
and equipped in thai port, from which she sailed under the command 
of the same Chaytor, who still commands her; that the very same 
James Chavtor was necessarily then, and cannot have ceased since to 
be, a citizen of the United States — is settled, and has a family, in 
Baltimore, whence his wife came down a few days ago in the packet 
Walton Gray, and is now in this town, on a visit to her husband; that 
he has enlisted men in this port, many of whom are not so obscure, 
as not to he generally known. I will mention, as an example, Mr. 
Young, of Portsmouth, who is now acting as first lieutenant on board 
the said brig. I will assert as a fact, that the Atrevida is the very 
schooner known before under the name of the Romp, the same that 
underwent a trial for piracy before the federal court in this state; that 



[155] 



61 



her present commander, captain Grinnolds, is a native of one of the 
neighboring towns, and very well known in this place; and finally, 
that this vessel has been at one of the wharves altering her copper, 
which I call an improvement in her equipment. 

If these public facts, falling within the knowledge of every indi- 
vidual, require more proof than the public notoriety of them, I must 
request to be informed as to the nature of that proof, and also whe- 
ther you are not warranted to act upon just grounds of suspicion, 
without that positive evidence, which is only necessary before a court 
of justice. 

Respecting the property which I have solicited you to stop, as 
you seem not to think yourself authorized so to do, I must observe 
to you, that by the law and general practice in this and other coun- 
tries, property in auspicious hands is frequently stopped; and I will 
go further and assert, that there is no doubt of the goods in ques- 
tion being stolen goods, or what, by way of softening the expression, 
are called prize goods, and all such property hitherto brought into 
this country by this sort of cruizers, has been adjudged, by the fede- 
ral courts, stolen property, and has been ordered o be restored to the 
rightful owners. I do, therefore, most solemnly lay cbim to this 
property, in behalf of the lawful owners, who, 1 am confident, will, at 
no distant period, come forward themselves to demand it; and I here- 
by reserve to them their rights unimpaired, to sue and recover from 
whomsoever they may be entitled to claim under the law of nations, 
and in conformity to the 6th and 9th articles of the treaty between 
Spain and: this country, concluded on the 27th of October, 1795, and 
under any other law that may make in their favor. 

I will now conclude by expressing a hope, that upon a thorough 
view of the subject, you will consider it consistent with the duties of 
your office, to accede to my solicitation for the relief of the injured 
sujects of Spain, and to prevent a number of bad ciiizens of this coun- 
try, from committing further depredations on their commerce. 

I remain, &c. 
(Signed) ANTONiO ARGOTE VILLAL0BOS. 

Charles K. Mallory, Esq. 



S2 1155] 



No. 5. 

Collector's Office , 

Norfolk^ April 14, 1817. 

SIR, 

I have had the honor to receive your letter of the 12th instant, 
and have bestowed upon it all the attention, which the limited time 
allowed me would admit of. 

From the view I have taken of the facts, as now stated by you, 
which it is to be presumed are to be regarded as specifications under 
the more general charges set forth in you letter of the 10th instant, I 
must really confess, I do not at present see grounds sufficient to 
justify the steps you require me to take against the armed vessels now 
in this port, and the merchandise which has been permitted to be 
landed from them and deposited in the public store. 

You assert as known facts, that the brig now called the " In- 
dependencia del Sur," is the same vessel that was formerly known 
under the name of the Mammoth privateer, belonging to Bal- 
timore, armed and equipped in that port, from which she sailed 
under the command of the same James Chaytor who still commands 
her. That this very same James Chaytor was necessarily then, 
and cannot have ceased since, to be a citizen of the United States; 
is settled and has a family in Baltimore, whence his wife came down 
a few days ago in the packet, Walter Gray, and is now in this town 
on a visit to her husband. That he has enlisted men in this port, 
many of whom are not so obscure as not to be generally known, and 
you mention as an instance, Mr. Young of Portsmouth, who you 
allege is now acting as first lieutenant on board the brig. You fur- 
ther assert as a fact, " that the Atrevida is the very same schooner 
which was known under the name of the Romp, the same that under- 
went a trial for piracy before the federal court in this state; that her 
commander, captain Grinnolds, is a native of one of the neighboring 
towns, and is very well known in this place." And finally, that this 
vessel has been at one of the wharves altering her copper, which you 
call an improvement in her equipment. 

Now, sir, supposing these facts to be what you affirm they are, 
matter of too great public notoriety to require any thing like demon- 
stration, do they prove so clearly that the brig now called Indepen- 
dencia del Sud, was originally fitted out in this country to aid the 
united provinces of the river Plate in their struggle for indepen- 
dence? that James Clay tor. a citizen of the United States, assumed 
the command of her with that intention, under a commission from 
that government in the port of Baltimore, and that he commenced his 
cruize against the vessels of the subjects ot H. C. M. with whom the 



[155] 



63 



United States are in amity, from that port? On the contrary, do they 
not with equal or greater certainty tend to show that this brig which 
you acknowledge was formerly the Mammoth privateer, belonging 
to Baltimore, was fitted out during the late war between this country 
and Great Britain, to cruize against the vessels of the subjects of 
his Britannic majesty. That she was then under the command of, 
and probably owned in whole or in part by the said James Chaytor; 
that on the termination of that war the owners of the said vessel, 
having a right to dispose of her wheresoever and to whomsoever 
they thought fit, may have sent her under the command of the said 
James Chaytor from Baltimore to Buenos Ayres, where she may 
have been purchased by the government of that place and put upon 
their naval establishment, and that the same James Chaytor might 
then and there have accepted the commission, appointing him to the 
command of her? I wish not to be understood as contending that 
this was the case, but that it is an inference which may be fairly de- 
duced from the facts as specified by you. The log book and other 
documents which I have in my possession, seem, moreover, to cor- 
roborate this view of the subject. It appears from them that she is 
a public armed vessel, not a privateer, and commenced her cruize 
from Buenos Ayres under the orders of that government, be it 
whatever you may please to term it, in May, 1816. Whether the 
said James Chaytor had the right, under such circumstances to accept 
the commission Or not, or whether, when he sailed from Baltimore, 
being then a citizen of the United States, he cannot have since ceas- 
ed to be one, appears to me plainly and simply the question: has a 
citizen of the United States the right to expatriate himself and enter 
the service of a foreign power, not at war with his native country? 
A question which it is not my province to discuss, but about which? 
I apprehend, there can be but little doubt in this country, whatever 
may be the antiquated notions prevailing upon the subject in the old 
governments of Europe. His having a wife in Baltimore, and her 
coming to see him here, does not appear to me to affect the case at 
all, inasmuch as nothing is more common than for foreigners to have 
wives here, natives of the country; an illustrious instance of which 
might be given. 

With respect to the facts assumed by you of the enlistment of 
men in this port, of which you mention Mr. Young as an evidence, 
suffice it to say, that from intimations I had received anterior to the 
date of your letter, I had determined to make the proper inquires, and 
to be satisfied upon this point, before those vessels are permitted to 
sail, and shall be governed by the result; although it does not appear al- 
together perfectly certain, that sUch an augmentation of their force is 
interdicted by the act of Congress, of the 3d of March last, which be- 
ing a law highly penal in its nature, will admit of no latitude of con- 
struction. Permit me to observe, a en passant," that this Mr 6 Young 
is by birth an Englishman, served several years in the British navy, 
several in ours, and,^t suppose, has now an equal right, provided it be 



64 [155] 

not done in a manner to violate the laws of the United States, to en- 
ter into the service of the government, calling itself the %t United Pro- 
vinces of the River Plate," or any other government that will receive 
him. 

With respect also to the vessel, called the Altevida, asserted by 
you to be the very schooner, formerly known by the name of the 
Romp, and tried for piracy, I proceed to remark, that this vessel fur- 
nishes a strong argument against you; for after a full investigation of 
all the charges against her, supported. I believe, as they were by some 
of her own crexv, she was acquitted, as well as the commander of her, 
Squire Fish, who had previously been an officer in the navy of the 
United States. The same remark will apply with equal force to her 
present commander, captain Grinnolds. 

Upon the subject of the fact lastly stated by you, of the improve- 
ment in the equipment of this vessel at one of our wharves, I have 
to observe, that on the arrival here of these vessels, I had them ex- 
amined, and an inventory of their armament, equipment, &c. taken, 
and before their departure, I shall cause are-survey to be made, with a 
view to ascertain, whether they have undergone, in any respect, any 
alterations, prohibited by the laws of the United States. I cannot 
agree with you, however, that a mere alteration of her copper, ren- 
dered necessary, perhaps, by some damages, which, I understand, 
were sustained in the bottom of the vessel, can be considered as an 
improvement "in her equipment." 

As for the merchandise which you "most solemnly lay claim to," 
in behalf of those whom you term the lawful owners, which you as- 
sert "there is no doubt of being stolen, or what, by way of softening 
the expression, are called prize goods," I can only say, that I neither 
officially nor individually have any claim to it whatsoever. It is only 
deposited in the public store for safe keeping to guard against injury, 
as in other cases, which might result to the revenue of the United 
States, and that I see no reason from any thing you have advanced, to 
change the opinion expressed in my last upon the subject. I know of 
no decisions, such as you speak of, in the federal courts, adjudging 
prize goods to be "stolen property, and ordering it to be restored to 
the rightful owners." If there be any such decisions, they only go 
to show, that it is by such auihority only, and not by any that J pos- 
sess, that the articles in question can be detained or restored. 

Having thus, sir, gone through the different topics presented by 
you for my consideration, I shall conclude by assuring you, it did not 
require anv thing you have pointed out to me, to remind me of any 
duty, which the circumstances of this case have rendered or may ren- 
der it incumbent on me to perform. 

I am, very respectfully, 

Your obedient servant, 
(Signed) CHARLES K. MALLORY. 

Bon Antonio Argote Villalo&os, 

Eis Cat ho Ik Majesties Consul. 



[155] 65. 



No. G. 

Spanish Consul's Office^ 

Norfolk, April, 15, 181T. 

SIR, 

I have received the letter, which, in answer to mine of the 12th 
instant, you did me the honor to address to me yesterday. 

Without denying any of the facts, on the strength of which I re- 
quested your interposition to prevent two armed vessels, now in this 
port, commanded and principally manned by citizens of the United 
States, from sallying forth to renew their depredations upon the com- 
merce of Spain, you state that you do not see sufficient grounds for 
stopping those vessels, or the merchandise landed from them, and 
now in deposite in the public storehouse in this place. 

I do not mean to enter, on the present occasion, into a minute 
discussion of the several reasons you assign for the line of conduct, 
which you think proper to pursue in this case, because # I think it suf- 
ficient for me to transmit copies of my correspondence with you to 
my government, through the channel of the minister plenipotentiary 
of his catholic majesty, in this country. Still, you will permit me to 
advert to that part of your argument, purporting that it is not so 
clearly proved, that Chaytor's views, on leaving Baltimore with the 
armed vessel under his command, was to cruise against the subjects 
of Spain under a commission from the pretended government of the 
River Plate; upon which I will remark, that it is no longer necessary 
to form conjectures about the probable intentions of men, when facts 
and overt acts have already fully developed their evil purposes. 
Thus, whether James Chaytor, in going out of Baltimore with the 
armed vessels still under his command, had hostile views against the 
subjects of Spain, a nation in amity with this country, is sufficiently 
solved by the hostilities which he has already committed, and still 
intends to commit, in the same vessel^ against the said subjects, 

I must also be allowed to notice that part of your argument, 
*' that whatever may be the antiquated notions prevailing upon the 
subject, in the old governments of Europe, there is little doubt in this 
country about the question, whether a citizen of the United States 
has a right to expatriate himself, and enter the service of a foreign 
power not at war with his native country." In this vou certainly ap- 
pear to me to have set up a mere speculative opinion in opposition to 
a positive law, namely, the stipulations in the 14th article of the 
treaty with Spain, by which the United States have solemnly pledged 
themselves not to permit their citizens to accept commissions from 
any prince or state, at war with Spain, for the purpose of cruising 
against her subjects, and to punish as pirates such of their said citi- 
zens as will act contrary to that stipulation. 
9 



66 [155] 

With regard to the schooner Atrevida, formerly the Romp, 
which vessel you say " furnishes a strong argument against me," 
because, although tried for piracy, she was not actually condemned; 
I cannot avoid remarking, that since the time when she escaped me- 
rited condemnation, and her commander and crew condign punish- 
ment, she has been out cruising with the armament and commission 
she took out from this country, (it is pretty well ascertained, that she 
has never been at Buenos Ayres) and that in every respect she is evi- 
dently a pirate, under the true meaning and intent of the said 14th 
article of the treaty with Spain, and that her said commander and 
crew are actually engaged in piratical pursuits, in which course it 
behoves the constituted authorities of this country to stop them> 
when within their jurisdiction, and completely in their power, , 

Nor can I f r rbear to observe, before I dismiss the subject, that 
the self-styled government of the United Provinces of the River 
Plate, will gain very little ** in their struggle for independence," by 
commissioning such a gang of greedy freebooters, the scum of this 
and other countries, who caring little for the fate of that deluded 
people, excite, by their voracious appetite for plunder, the indigna- 
tion, not only of the people of Spain, but of the honest and good of 
all other nations. 

I will now conclude, sir, by repeating my solicitations and asser- 
tions contained in my letters of the 10th and 12th instant, and by 
solemnly protesting in the name of my sovereign, against permitting 
a number of citizens, now within their jurisdiction, and under their 
control, to go out to cruise against the commerce of Spain, and to 
renew their hostilities against her subjects; and I do also protest 
against delivering back to them certain articles of merchandise, de- 
scribed by you in general terms in your letter of the 11th instant; 
which articles of merchandise are obviously taken from Spanish sub- 
jects, contrary to law, and especially contrary to the 14th article of 
said treaty with Spain, and which, from the tenor of the 6th and 9th 
articles of the same treaty, ought to be retained in behalf of the law- 
ful owners. 

I am, very repectfully, 

Your obedient servant, 

(Signed) ANTONIO ARGOTE VILLALOBOS. 



Charles K, Mallory, Esq. 

Collector of Norfolk and Portsmouth, 






[155] Q7 



No 7. 

Collector's Office, Norfolk, 

April 15th, 1817. 

SIR, 

I have been honored with your letter of to-day , in answer to 
mine of yesterday, and am perfectly pleased that our correspondence 
has issued in a determination on your part, to transmit copies of it 
to your government, through its minister in this country. 

I have nothing further to add on my part; but assurances of the 
respect with which 

I am, Sir, 

Your obdt. servant, 

(Signed) CHARLES K. MALLORY. 

Bon Antonio Argote Villalobos, 
H. C. M. Consul, Norfolk. 



Mr. Rush to the Chevalier de Onis, dated 

Department of State, 

April 2%d, 1817; 

SIR, 

By direction of the President, I have the honor to ask, whether 
you have received instructions from your government to conclude a 
treaty for the adjustment of all differences existing between the two 
nations, according to the expectation stated in your note to this De- 
partment, of the 21st of February. If you have, I shall be happy to 
meet you for that purpose. If you have not, it is deemed improper 
to entertain discussions of the kind, invited by your late notes. This 
government, well acquainted with, and faithful to its obligations, and 
respectful to the opinion of an impartial world, will continue to pur- 
sue a course in relation to the civil war between Spain and the Spa- 
nish provinces in America, imposed by the existing laws, and pre- 
scribed by a just regard to the rights and honor of the United States. 

1 have the honor to be, &c. 

(Signed) RICHARD RUSH* 



68 [155] 

(Translation.) 

Don Luis de Onzs to the Acting Secretary of State, dated 

Washington, Z3d April, 1817. 
SIR, 

I have received your letter of yesterday's date, in which you are 
pleased to inform me, by order of the President, that if I have re- 
ceived the instructions which I expected, to conclude a treaty for the 
arrangement of all the differences pending between the two nations, 
you are authorized to enter into that negotiation with me; but if not, 
you consider it improper to entertain discussions on the subjects 
treated of in my last notes. 

In reply to these points, I have to inform you, with respect to 
the first, that my conjectures being confirmed, that my instructions 
have been intercepted by the pirates which infest the seas, whereby 
their arrival is so much dela) ed, 1 have despatched my secretary. Don 
Luis Noeli, in order that by informing his majesty of this unexpect- 
ed event, he may cause them to be renewed to me. As to what re- 
lates to the second point, I refer to what I stated to you in my letter 
of the 21st of February, that I would entirely conform to the wishes 
of the President, to wait the discussion of those points until the ar- 
rival of the instructions. 

In the same note you have been pleased to add, in reply to the 
different notes which I have addressed to you on the subject of the 
armament of privateers in this country, for the purpose of cruizing 
against the subjects of the king mv master, that this government, 
faithful to its obligations, and respectful to the opinion of the impar- 
tial world, will continue to pursue a course in relation to the civil war 
between Spain and the Spanish provinces in America, imposed by 
the existing laws, and prescribed by a just regard to the rights and 
honor of the United States. 

As all my notes have been directed to this single object, and as I 
have, in conformitv to your intimations, given correspondent orders 
to bis majesty's consuls, to require of the tribunals the execution of 
those same laws, there is nothing left for me to do, but to transmit to 
his majesty this new assurance of the President, and to continue on 
my part to inform this government of every thing which may contri- 
bute to maintain unalterable, the relations of friendship which exist 
between the two nations, until the arrival of *he instructions which I 
have requested, and further to strengthen them by a treaty which 
may put an end to all pending discussions. 

I have the honor to confirm to you, the assurances of my con- 
stant respect, and I pray God to preserve you many years. 

(Signed) LUIS DE ONIS. 



[1555 » 

(Translation*) 

Don Luis de Onis to the Secretary of State. 
SIR, 

The viceroy of New Spain informs me, in several despatches 
which I have lately received, of the frequent cases which have occur- 
red of American vessels, both merchantmen and armed ships, which, 
in running along the coasts of those parts of the dominions of his ca-' 
tholic majesty, enter their bays, roads, and harbors, sometimes for 
the purpose of exploring the country and examining the state of 
things there; and at others, for that of assisting the rebels with provi- 
sions, arms, and warlike stores, and of landing adventurers and other 
dangerous persons, whose object is to join the insurgents. The vice- 
roy states, that the American colonel Pery, had joined the traitor 
Mina, with five hundred men; and Savary, the commandant of 
the mulattoes, with another body, having gone from New Orleans to 
incorporate their force with that of Mina and Aury, at Galveston, a. 
place within the Spanish dominions; — that American vessels are con- 
tinually sailing from New Orleans with supplies of arms, ammunition, 
and provisions, for those banditti; — that the American schooner 
"Saeta," from New Orleans,entered the harbor of Tampico, under the 
pretence of stress of weather, but without any manner of doubt, for 
the purpose of examining the country; and that the privateer or pirate 
"Jupiter," had captured two Spanish vessels off the bar of the Mis- 
sissippi, very near to several American vessels, &c. The viceroy 
concludes by saying, that he cannot possibly think, that so many acts 
of hostility and violation of the laws of nations, and of the existing 
treaty, can be permitted or tolerated by the government of the United 
States; and that being desirous to contribute on his part, to the main- 
tenance of the amicable relations subsisting between this govern- 
ment and that of his catholic majesty, he had treated the American 
vessels and citizens, even in the cases of hostility and violation referred 
to, with unexampled kindness; but that now he left it to my zeal to 
endeavor to obtain of this government, effectual remedies against 
these excesses; that in the mean time, he had given orders to the go- 
vernors, commandants, and other officers, at the most suitable places 
within his viceroyalty., neither to admit nor tolerate any American 
vessel, or of any any other foreign nation, without the requisite pass- 
port and license, and that he would exercise the rigor of the laws 
against those, who should disturb the good order and tranquillity of 
the king's dominions. 

In consequence, therefore, of this request of the viceroy, I add 
this reclamation to those which I have already had the honor to ad- 
dress to the President, through the medium of the department com- 
mitted to you j on similar cases, and in the name of the king my mas- 
ter; and I trustj that on your laying the whole before his excellency, 



70 [155J 

he will cause the most effectual measures to be adopted, to prevent 
the continuation of these excesses, and to enforce the Gue observance 
of the general principles of the laws of nations, and of the treaty 
which governs between Spain and the United States. 

I renew to you, sir, my respects, and pray God to preserve you 
many years! 

(Signed) LUIS DE ONIS. 

Philadelphia, 2d September, 1817. 



(Translation.) 

Den Luis de Onis to the Secretary of State, 
SIR, 

A complaint having been laid before his catholic majesty's go- 
vernment, by a part of the crew of the Spanish polacre " Santa Maria," 
captured on her passage from Havana to Cadiz, by the pirate called 
the •' Patriota Mexicano," commanded by Jose Guillermo Estefanos, 
manned with citizens of these States, and covered by their flag, under 
which he chased and brought to the said polacre, until having ascer- 
tained her capture, he hoisted the insurgent flag. I have received the 
commands of the king, my master, to request of the President 
through your medium, the most decisive measures for putting an end 
to the abuses practised in the ports of this Union, by arming privateers 
Co cruize against the Spanish trade, thus prostituting the flag of the 
United States by these predatory acts, and trampling under foot with 
unparalleled audacity, national rights, and the existing treaty between 
Spain and these States. 

I therefore, now renew those urgent reclamations, which, on for- 
mer occasions, I have submitted to the President, through your de- 
partment, on this important point, and I trust, that the numerous 
instances of these abuses and horrible depredations, will induce his 
excellency to adopt energetic measures to restrain these excesses, 
which so deeply compromit the neutrality of the United States in the 
eyes of all nations, and are wholly repugnant to the friendship and 
good understanding happily subsisting between them and his catho- 
lic majesty. 

I renew to you, sir, the assurance of my respects, and pray God 
to preserve you many years! 

(Signed) LUIS DE ONIS. 

Philadelphia, Sept. 19, 1817. 



[155] 71 



(Translation.) 

The Chevalier de Onis to the Secretary of State. 

Philadelphia, November %d, 181?. 

SIR, 

His majesty's consul at New York, has transmitted to me a copy 
of his correspondence with the United States' attorney for that dis- 
trict, whereby he requests, that in conformity with the act of Congress 
of the 3d March last, he would oblige a certain armed brigantine to 
give security, or cause her to be seized, the said vessel having arrived 
at that port from Norfolk, under the flag of Venezuela, and recruited 
men to increase her crew, in order to proceed afterwards to Amelia 
Island, there to join the adventurer M'Gregor, and co operate in 
his nefarious plans against the possessions of my sovereign, and 
against the Spanish trade. 

I have the honor to enclose a copy of the said correspondence, 
on the contents of which I think it entirely superfluous to make any 
comment; leaving it to you, sir, to decide, whether the solicitude of 
H. C. M. consul at New York, has been in conformity with the laws 
and the abovementioned act of Congress, and whether the attorney 
for that district, will rightfully have conformed thereto, by his strict 
observance of them, in obliging the owner, or captain of the said 
armed brigantine to give the requisite security, that he shall commit 
no hostilities against the subjects of his catholic majesty, and in pre- 
venting him from proceeding freely to sea, to commit new depreda* 
tions. 

It is very disagreeable to me to have to repeat to you, sir, what 
unfortunately I have been several times under the necessity of submit- 
ting to the President, through the medium of your predecessors; 
namely, that the act of Congress of the 3d of March, 1817, has in no 
wise lessened the abuses by which the laws are evaded, and render 
entirely illusory the laudable purposes for which they were enacted. 
From the greater part of the ports of these states there frequently 
sail a considerable number of vessels, with the premeditated inten- 
tion of attacking the Spanish commerce, which carry their armament 
concealed in the hold. It rarely happens, that they can be arrested, 
inasmuch as the collectors of the customs say that they have not at 
their disposition the naval force necessary to effect it; on the other 
hand, armed vessels under the flag of the insurgents, enter into the 
ports of the Union, and not only supply themselves with all necessa- 
ries, but also considerably increase the means they already have, of 
destroying the trade of Spain, as has recently been the case at New 
York, whereby the (so-called) privateers of his majesty's revolted 
provinces, which are in reality nothing more than pirates, manned 
by the scum of all countries, enjoy greater privileges than the vessels 
of independent powers. 



72 [I55j 

I request you, sir, to lay particularly before the President, the. 
case which now obliges me to trouble you, in order that his excel- 
lency, being made fully acquainted therewith, he may be pleased 
to take such measures as are within his reach, to cause the provisions 
of the laws of this republic to be carefully fulfilled, to preserve the 
observance of the neutrality with other powers, and prevent the in- 
fraction of the treaty exiting between the two nations; and thus avoid 
not only the serious evils that the said pirates cause to the subjects of 
his catholic majesty, but tht increase of the difficulties which the two 
governments are endeavoring to overcome, for the purpose of esta- 
blising their relations upon a more friendly and permanent footing. 

I flatter myself that you will honor me with your answer, and 
reiterating my respects, &c. &c. &c. 

(Signed) LUIS DE ONISv 



(Copy.) 

No. 1. 

Enclosed in Don Luis de Onis' letter, of 2d November, 1817* 

Consulate of Spain, 

New York, September, 16, 1817. 

J. Fish, Esq. District Attorney General of the United States, 
SIR, 

Some days ago there arrived in the port of New York an armed 
brig proceeding from Norfolk, which, I have been very credibly in- 
formed, is a vessel pretending to have a commissin from Venezuela, 
but whose object, in coming into this port, was to procure an addi- 
tional supply of men, wherewith to commit hostilities against the sub- 
jects and possessions of the king of Spain , A few days ago I pre- 
sented to the collector of the port of New York, an affidavit of a man 
named John Reilly, stating that he had been requested to enlist on 
board of a vessels, which was represented to him to be the privateer 
schooner Lively, bound to Amelia Island, to join general M'Gregor 
to invade the territories of his catholic majesty. 

I am now informed, that the brig abovementioned is the vessel 
alluded to, Reilly having either been mistaken in the name, or de» 
signedly deceived by the agents of the privateer. I now enclose the 
affidavit of John Finegan, by which you will perceive, that the offi- 



[1553 



73 



cers of the above brig (whose name is the Americano Libre, com- 
manded by captain Barnard) are enlisting, and nave enlisted, men in 
this port to proceed against the Spanish possessions* I have caused 
application to be made to the collector, who doubts the extent of his 
authority in interfering with this vessel. Now, as there must be pro- 
visions in the laws and treaties of the United States, vesting an au- 
thority in some of its officers to prevent the equipment of vessels, and 
the enlistment of men, in the United States, to proceed against a fo- 
reign nation, at peace with the United States, 1 make this application 
to you, most urgently requesting you to take whatever measures may 
be necessary immediately, in order to prevent the departure of the 
above vessel, at least until she shall give bonds, that she will not com- 
mit hostilities against Spanish subjects. The vessel, it is said, will 
sail to-morrow morning. 

Indeed, if an inquiry were instituted, I am induced to believe, 
that the above brig would be found to be a pirate. 
I have the honor to be, sir, 

Your obedient servant, 

(Signed) THOMAS STOUGHTON. 

Luis de Onis, 



(Copy.) 

No. 2, 

Enclosed in Don Luis de Onis' letter, of 2d November, 1817. 

&tate of New York, ss, 

John Finegan, at present in the city of New York, being duly 
sworn, saith, that he was requested by a man, who is represented to 
be the commissary of the vessel next mentioned, to go out in the pa- 
triot brig, now lying at the quarantine ground; that the destination of 
the said vessel is to fight against the Spaniards; that the deponent was 
told, that on his arrival in the Spanish possessions, he was to join the 
land service of the patriots; that deponent knows of five pereons, who 
have been engaged in like manner, who are about to proceed on board 
said brig; that deponent was told, that as soon as he gets on board, 
he will receive his advance; that officers are at present employed in 
the city of New York, in looking out for men, and endeavoring to en- 
list them, to proceed in the said vessel. 

(Signed) JOHN FINEGAN, his mark x. 

Sworn this 16th day of September, 1817, before me, 

(Signed) SAM. B. ROMAINE. 

THOMAS STOUGHTON. 

Es copie, Luis de Onis* 
10 



74 [155] 

No. 3. 
Enclosed in Don Luis de Onis' letter, of 2d November, 181 JJ. 

Consulate of Spain, 

New York, September 17, 1817. 

J, Fisk, Esq, District Attorney General of the United States^ 

SIR, 

I enclose the deposition of John Reilly, relating to the privateer 
brig, about which I yesterday had the honor to address you. You 
will perceive by the affidavit, that officers belonging to that brig, are 
openly employed in this city, in recruiting and enlisting men to join 
with general M'Gregor, and invade the possession of the king of 
Spain. 

I need not remind you, that by the existing laws of the United 
States, these enlistments are unlawful, and that not only the vessel, on 
board of which they are to embark, is liable to seizure and forfeiture, 
but that the captain and the officers thereof, who are engaged in this 
business, are liable to a heavy fine and imprisonment. As these are 
flagrant violations of the laws of the United States, and calculated to 
produce serious injury to the property and to the possessions of his 
majesty's subjects, I flatter myself, that you will take, without delay, 
such steps, as may be necessary to put a stop to these proceedings. 

I have the honor to be, sir, 

Your obedient servant, 

(Signed) THOMAS STOUGHTON. 

Copy, 
Luis de Onis 9 



No. 4, 

Enclosed in Don Luis de Onis's letter of the 2d September, 1817. 

State of New Fork, ss. 

City of New York, ss, 

John Riley, at present in the city of New York, mariner, being 
duly sworn, saith, that some days ago, deponent was requested to 
embark on board of a vessel which was said to be lying at the Nar*- 






[155] 



75 



tfows, in the bay of New York, for the purpose of going to join gene- 
ral M'Gregor, and to fight against the Spaniards; that after he 
arrived at Amelia Island, he might either join the land service or the 
naval service; that deponent would be paid as soon as he got on 
board; that several persons were engaged in looking out for recruits 
to proceed upon the same service, and many men were spoken to for 
the purpose. Deponent wa3 then informed, that the vessel was the 
privateer schooner "Lively," but has since learned that it was a 
mistake, and that the vessel in question is the patriot brig "American 
Libre," captain Barnard, which is lying at quarantine ground, and is 
armed with several large guns, and many men; that several persons who 
are officers, captains, lieutenants, and so forth, are at present employed 
in recruiting men. to join that service, and proceed in the said brig to 
Amelia; that many hands have already been bespoken, and are now wait- 
ing for money which has been promised to them; that the offers made to 
them are to give them eight dollars a month, and clothing, together 
with ten or twelve dollars advance. Deponent supposes that the 
officers above mentioned, were in treaty with about twenty persons, 
who were to go on board as soon as their advance was paid to them, 
and which the said officers told them would be during the course of 
the day; among the officers there is one who is called a general. 
That the above men were told in deponent's presence, by the officers 
who were enlisting them, that they were principally wanted to join 
t he land service against the royalists. And further the deponent saith. 
not. 

JOHN REILLEY. 

Sworn this 19th day of September, 1817, before me, 

FRANCIS R. TILLON, 

Notary PubitQ 

Es copia THOMAS STOUGHTON. 

Es copia LUIS DE ONIS. 



No. 5. 

Enclosed in Don Luis de Onis's letter of 2d November, 1817". 

Mw York, 17th, September, 1817. 
Thomas Stoughton y Esq. 
SIR, 

I have duly received your notes of yesterday evening, and of 
this day, and have referred to the statutes providing for the punish- 
ment of the offences stated. It is not a case, from the evidence men- 



76 [155] 

tioned, that would justify the collector in detaining the vessel; the 
aggression is to be punished in the ordinary mode of prosecuting 
those who are guilty of misdemeanors. Oath is to be made of the 
facts, by the complainant, who enters into a recognizance to appear 
and prosecute the offenders before any process can issue. This oath 
being made, and recognizance taken, the judge of the circuit court 
will issue a warrant to apprehend the accused, and bring them before 
him, to be further dealt with according to law. When apprehended, 
it is the province of the attorney of the United States, to conduct the 
prosecution to judgment. I have no authority to administer an oath, 
or to issue a warrant, nor have I the power to issue any process to 
arrest and detain the vessel in question, unless by the direction of an 
executive officer of the United States. By the reference you have 
furnished, the parties complained of, are to be prosecuted either un- 
der the 4th section of the act of Congress passed on the 3d March, 
1817, or under the 2d section of the act passed 5th June, 1794. By 
adverting to these statutes, it will be seen, that the vessel is not liable 
to seizure for the act of any person enlisting himself to go on board, 
or for hiring or retaining another person to enlistj the punishment is 
personal to the offenders, and those who disclose the fact, on oath, 
within thirty days after enlisting, are protected from prosecution. 
The offenders are to be arrested and prosecuted in the manner I have 
stated. I beg you to be assured, sir, that it is not from a disposition 
either to shrink from the performance of my duty, or to decline in- 
terfering to defeat any illegal enterprize against the subjects or pos- 
sessions of a power, with whom the United States are at peace, that 
I have stated to you the embarrasments I must encounter, in attempting 
a compliance with your requst upon any information with which I 
am furnished. If it is in your power to procure the names of the 
parties, and the evidence upon which a prosecution for a misdemea- 
nor can be founded, I will readily co-operate with the proper authori- 
ties in having every offender arrested and brought to justice. It is 
impracticable for me, or any other officer of the United States, to 
take any legal measures against aggressors, upon the indefinite state- 
ment of certain persons being concerned in an illegal transaction. 
Since the, receipt of your notes, I have had an interview with the col- 
lector, and we are unable to discover any other legal course of pro- 
ceeding in this case, than that adopted in the ordinary cases of mis* 
demeanors. 

I have the honor to be, 

Very respectfully, sir, 

Your most obedient servant, 

(Signed) JONATHAN FISK. 

Es copia. THOS. STOUGHTON, 

Copy. LUIS DE ONIS. 



E155] 



77 



No. 6. 

Enclosed in Bon Luis de Onis' letter of 2d November, 1817. 

Consulate of Spain, 

New York, Sep. 19th, 1817. 

J. Fisk, Esquire, 

District Attorney General of the United States, 

SIR, 

I have the honor to acknowledge having received yesterdays 
your letter dated the 17th instant, in reply to mine of the 16th and 
17th, wherein you mention that the case whereof I informed you in 
those communications, was not one which would justify the collector 
in detaining the vessel; that the aggression is to be punished in the 
ordinary mode of prosecuting those who are guilty of misdemeanors; 
that oath is to be made of the facts by the complainant who enters 
into a recognizance to appear and prosecute the offenders before any 
process can issue; that this oath being made and recognizance taken, 
the judge of the circuit court will issue a warrant to apprehend the: 
accused and bring them before him to be further dealt with accord- 
ing to law, and that when apprehended, it is the province of the at- 
torney of the United States, to conduct the prosecution to judgments 
that you have no authority to administer an oath or to issue a war- 
rant, nor have you the power to issue any process to arrest and 
detain the vessel in question, unless by the direction of an executive 
officer of the United States. 

In reply permit me to request that you will take this subject again 
into your serious reflection: i do not urge it for the present occasion, 
because, even though you should upon consideration adopt a differ- 
ent opinon from that which you have communicated to me, it is now 
too late since the v#sel in question sailed from this port this morn- 
ing. But, sir, can it be possible that the doctrine can be correct 
which you lay down in your letter, and which forms your reason for 
declining to proceed against the persons who were enlisting men in 
this city, with the open and avowed design of taking them in a pri<* 
vateer under the Venezuela flag to join with M'Gregor, and commit 
hostilities against the Spanish possession? I furnished you with the 
affidavits of two persons stating the fact, and you will excuse me in 
saying that I cannot think the laws of the United States rendered it 
incumbent upon me to present myself before a judge of the circuit 



76 [155] 

court, and enter into bonds to appear and prosecute the offenders. On 
the contrary, sir, the 35th section of the judiciary act imposes upon 
the attorney of the United States for each district, the duty of pro- 
securing; all delinquents for crimes and offences cognizable under 
the authority of the United States; I conceive, therefore, that as 
soon as the attorney of the United States receives information of the 
infraction of the laws, it becomes his duty to take measures as may 
be necessary to bring the offenders to justice; he is the person who 
must take the witnesses before a judge or magistrate; he must be- 
come the informer, he must prosecute, that is, he must take, or cause 
to be taken, the steps which are necessary to arrest the offenders and 
bring them to punishment. I am the more confirmed in this 
belief because the 33d section of the judiciary act directs tfiat 
offenders may be imprisoned by a judge or magistrate, at the ex- 
pense of the United States, and leaves it discretionary of the wit- 
nesses to appear and testify. That acr does not require that the in- 
former should enter into bonds to appear and prosecute. The offence 
of which I have complained is of a most serious nature. The United 
States should not afford means to one nation at peace with them, t® 
annoy and invade another nation also at peace with them. And it 
becomes the duty of all the officers of the United States, as they 
value the reputation and the interest of their country, to discharge 
with alacrity and zeal those duties assigned to them, which can pre- 
serve the neutrality of their country, and prevent its becoming the 
centre of reunion for the enemies of Spain, and to prevent their own 
citizens joining in measures of hostility and aggression. It is a 
matter of notoriety that the insurgent governments of South America 
all have their agents in this country, that swarms of privateers are 
fitted out, armed, and equipped for war, in the United States, and 
all the injuries and desolation committed by them upon the Spanish 
commerce, emanate from the facilities which they find in the United 
States, to prepare for themselves these outrages. And, sir, Congress 
having passed laws rendering these acts illegal, I cannot admit that 
individuals must undertake the task of informing against and prose- 
cuting the offenders. These offences are against the dignity of the 
country, they affect the community at large; I cannot, therefore, 
bring myself to believe that it is the province of individuals to bind 
themselves to prosecute offenders, any more than I can think that it 
is the duty of an individual who gives information that a murder 
has been committed, to enter into bonds to prosecute the murderer. 
No, sir, the laws must have confided this odious but necessary task 
to its public officers; they must see that offenders are brought to 
punishment; and, sir, I do further consider that this duty has by law 
been devolved upon you. Regretting, therefore, that this expedition 
has been permitted to proceed unmolested, notwithstanding the in- 
formation which I communicated to you, you will excuse me if, on 
all future occasions of a similar nature, I should renew my applica- 



[155] 



79 



tion to you to prevent a new aggression. I beg you to be assured qf 
the perfect consideration and respect with which 

I have the honor to remain, Sir, 
Your obedient servant. 
(Signed) THOMAS STOUGHTON, 

Es Copia, 
Lais de Onis, 



(Translation.) 

The Chevalier de Onis to the Secretary of State. 

Philadelphia, November 2, 1817* 

SIR, 

I have just received a statement, dated the 14th of July, ad- 
dressed to me by the directors of the royal Philiipine company at 
Madrid, informing me of the unfortunate fate of two ships belonging 
to the said company, the one named " Nuestra Senora del Buen Su- 
ceso," alias, " La Esperanza," and the other, *' El Triton," captured, 
the first on the 8th of June last, the da)^ on which she sailed from Ca- 
diz for Calcutta and Manilla, by the pretended insurgent privateers 
*'La Independentia del Sur," commanded by James Chaytor, of 18 
guns and one traversing 42 pounder; and the Mangory, under the or- 
ders of the same Chaytor, of 14 guns and one traversing 36 pounder; 
and the ship u Triton," from Calcutta and the coast of Coromandel, 
which was captured off the Cape de Verd Islands, after a gallant de- 
fence of two hours and a half, in which she lost 20 killed, and sprung 
her foremast, by a privateer (of the same description as the two above 
mentioned) called the Regent, alias Trepacamara, commanded by 
one Manson, who, when seventeen days out from Baltimore, fell in 
with the " Triton" and conducted her as a prize to Buenos Ayres, 
where she arrived on the 2d of April last, according to the advices 
received by the underwriters at Lloyds, from their agent at Buenos 
Ayres. 

The directors "f the royal Philiipine company, in giving me an 
account of these distressing events, inform me that they have under- 
stood by the advices which I have given to the principal Secretary of 
State of the king my master, that captain James Chaytor of the pi- 
ratical vessel "La Independencia del Sur," kept depending, a de- 
mand made at the instance of the Spanish consul at Norfolk, relative 
to the safe keeping of certain Spanish property deposited in the cus- 
tom house of that port by the abovenamed pirate, and one called the 
P. Atrevidaj" whence it is incontestably proven that the armament of 



80 , [1553 

"La Independencia del Sur," is made in the ports of these States, 
and that the captain, officers, and the greater part of her crew are 
likewise subjects|of the same States. From presumptive causes and 
circumstances they suppose that the other privateer may be the u Re- 
gent," alias, u Trepacamara," captain Manson, which vessel sailed 
from Baltimore seventeen days previous to his capturing the " Tri«- 
$on." 

I have repeatedly found myself under the painful necessity of 
representing to the President, through the medium of your predeces.. 
sors, that the 14th article of the treaty between his catholic majesty 
and the United States, establishes the most positive right of reclama* 
tion on the government and those citizens who have taken or do take 
part in the numerous armaments of privateers which have taken place 
in the ports of this republic, under cover of the pretended commis- 
sions so profusely circulated by the insurgents of the revolted pro- 
vinces of the king my master, to attack openly and in a barefaced 
manner the subjects and commerce of Spain; and that the same arti- 
cle declares those to be pirates who engage in these horrid cruizes, 
and consequently obliges the contracting parties to punish them as 
such, as a just atonement for their offences. On the 2d and 15th of 
January, and on the 29th of March last, I officially addressed your im* 
mediate predecessor, and remonstrated against the robberies and 
outrages committed by various privateers, and among others, by 
those called l< Independencia del Sur," and k * Mangory," the cap- 
tains of which, James Chaytor and Barnes, are citizens of these 
States. In the note transmitted to the Secretary on the 4th of March, 
(14th March) I found myself under the necessity, in consideration of 
the excesses committed against the subjects of the king my master, 
and of those which through the impunity and toleration of some of 
the authorities of this country were about to be repeated by vessels 
bought, armed, manned, and equipped in the ports of this republic, in 
violation of the laws of nations, of the express stipulations of an ex- 
isting treaty, and of the rights of humanity; and in discharge of my 
duty, I was laid under the necessity, I say, of representing and re- 
monstrating in the name of my sovereign, on the subject of the injur 
ries and losses which had already resulted and might further result 
to his subjects; and at the same time, of protesting against the au- 
thors of the same. The capture of the ship "Esperanza," has been 
one of the facal consequences ol allowing the privateers "Independr 
encia del Sur," to proceed freely to sea from Norfolk, after his ca- 
tholic majesty's consul, Don Antonio Argote Vallolabos had made 
proof of the illegal conduct and atrocious acts of her captain, James 
€haytor; and that of the ship " Triton," proceeds likewise from tole- 
ration granted in this country, of arming and equipping against the 
trade of Spain; under which supposition, I cannot refrain from stating 
to you, in order that you may be pleased to communicate the same 
to the President, that the aforesaid royal company of the Phillipines, 



[1553 



ai 



Ihave an incontestable right to claim of this republic full compensa- 
tion for the value of the said ships and cargoes, by reason of the ar- 
mament of the privateers which captured them, having been made in 
its ports. 

I have the honor to enclose, for the suitable purposes, a note of 
the articles shipped on board the " Esperanza, 5 ' at Calcutta and Ma- 
nilla, for the account of the royal Phillipine company, and of the re- 
turn cargo of the "Triton," from Bengal and the coast of Coroman- 
delto Cadiz; which sums united, amount, according to the invoice, 
to that of seven hundred and one thousand, nine hundred and eighty 
dollars, to which is to be added »n interest of fifteen per cent. On the 
disbursement of the amount of the cargo of the " Trkon," for the 
period of one year and a half, and of s'vL per cent. In Europe, on the 
cargo of the *» Ssperanza." 

I hopeyos will take into consideration the contents of this note, 
and be pleased tO Call the attention of the President to the interesting 
subject treated of in it, that his catholic majesty may adopt such mea- 
sures as his wisdom may dictate to him, Tor the purpose of collecting 
as far as it may be possible, any parts cf the two prizes above named, 
for the benefit of their owners, and at the same time, giving Orders to 
the competent authorities in the ports of this republic, to discover 
such effects as may arrive, making part of the same. 

I therefore hope this from your established zeal, and the well 
known rectitude of the President, deferring to my return to the seat 
of government, the verbal communication of a plan which I have me- 
ditated, from a desire to settle amicably, an affair of such importance. 

I avail myself of this occasion, 

To renew to you my respects, &c. &c. &c. 

(Signed) LUIS BE 0NISL 

Thtladelphia y Novrmber 2, 1817, 



(Translation.) 
-Mfi Onis to the Secretary qfSt&te* 

When 1 had the honor to communcate to you, that in virtue of 
the orders which the President had sent to the marshal at Baltimore, 



[155] 



DOCUMENTS 

Referred to in the Report of the Secretary of State, of the 14th March, 
accompanying the message of the President of the same date, 
transmitted to the Speaker of the House of' Representatives, the 
15th April, 18X8. 



WASHINGTON: 
PRINTED BY E. DE KRAFFT. 

481& 



4 [155] 

18. Don Pedro Cevallos to Messrs. Pinckney and Monroe, dated 

31st March, 1805. 

19. Messrs. Pinckney and Monroe to Don Pedro Cevallos, dated 9th 

April, 1805. 

20. Don Pedro Cevallos to Messrs. Pinckney and Monroe, dated 9th 
April, 1805. 

21. Messrs. Pinckney and Monroe to Don Pedro Cevallos, dated 
12th April, 1 805. 

22. Don Pedro Cevallos to Messrs. Pinckney and Monroe, dated 
13th April, 1805. 

23. Messrs. Pinckney and Monroe to Don Pedro Cevallos, dated 

20th April, 1805. 
2*. The same to the same, dated 12th May, 1805. 

25. Propositions communicated in the foregoing letter. 

26. Mr. Monroe to the Prince of the Peace, dated 14th May, 1805. 

27. Don Pedro Cevallos to Messrs. Pinckney and Monroe, dated 

15th May, 1805. 

28. Messrs. Pinckney and Monroe to Don Pedro Cevallos, dated 

18th May, 1805. 

29. Don Pedro Cevallos to Messrs. Pinckney and Monroe, dated 

20th May, 1805. 

30. The same to the same, dated 22d May, 1805. 

31. An address to the king of Spain by Mr. Monroe, dated 22fl 

May, 1805. 



department of State, Jpril, 15, 1818. 



[155] 



Mr. Monroe to Mr. Talleyrand. 

Paris, 8th November, 1804<. 

17th Brumaire, 13. 

SIR, 

Before the conclusion of the late treaty between the United 
States and France, your excellency will recollect that it was an object 
of the President of the United States, to acquire of Spain, by amica- 
ble arrangement, Florida; it being that portion of her territory which 
she held eastward of the Mississippi. It was still his object after the 
conclusion of that treaty, not that it was pressed by s\ich imperious con- 
siderations as before, but that, as it would contribute to remove all 
cause of uneasiness and jealousy between the two powers, they 
might adopt and harmonize in such a system of policy as might 
secure their peace, and give additional protection to their respective 
possessions in that quarter, especially to those of Spain. In the 
conferences which produced the treaty, the good offices of his 
imperial majesty were engaged to the United States, in any ne- 
gotiation which the President might commence with the catholic 
king for the acquisition of Florida. The same assurance was renew- 
ed after the conclusion of the treaty, though it was intimated that that 
was not a suitable time for the commencement of a negotiation. 
It was on that intimation, as your excellency will also recollect, at a 
mordent when I was about to set out for Spain, in pursuit of the ob- 
ject, (the then recent orders of the President permitting it,) that I 
postponed my journey thither, and took a different position. The 
proposed negotiation with Spain, was in consequence, and has since 
remained, suspended, and it is in obedience to late orders, from my 
government, that 1 am now so far on my way to Madrid on that sub- 
ject, and that Mr. Livingston has requested the good offices of the 
emperor in support of it* It is proper to remark, that since the epoch 
referred to, the treaty then just concluded between the United States 
and France, has been carried into effect in its great points, with that 
scrupulous attention to good faith which does to both parties the high- 
est honor. Their conduct in that transaction gives to each a pledge 
for the integrity which is to prevail in their future intercourse. I 
may be permitted to add, that as I declined my visit to Spain at 
that epoch, the more readily to give an opportunity for the complete 
execution of that treaty, so, now that it is carried into effect, I un- 
dertake it with the greater pleasure, since it confirms me" in the confi- 
dence before entertained, of the support which would be given in 
it by his imperial majesty. 



6 £155] 

The President has been induced to adopt this measure at this 
time, by considerations the most urgent. As these are inseparably 
connected with the proposed negotiation, indeed form in part the ob- 
ject of it, it is due to the friendship subsisting between our govern- 
ments, and to the candor which the President will never fail to ob- 
serve in his transactions with the emperor, to give you a distinct idea 
of them. They will, I doubt not, satisfy you that the President has 
heretofore shown a sincere desire to cultivate the friendship of the 
catholic king, and that the attempt which he now makes to preserve 
that relation, is a new and signal proof of that disposition. 

Since the treaty between the United States and France, whereby 
Louisiana was ceded to the former, a question has arisen between 
those States and Spain, relative to the boundaries of the ceded terri- 
tory. Jt is understood that the government of Spain entertains an 
idea that that cession comprises only that portion of Louisiana which 
was ceded to it by France, in 1762; that it does not comprize that 
portion also, which was ceded by her at the. s?me time to Great Bri- 
tain, distinguished, while in her possession, by the name of West 
Florida. This pretension of the court of Spain cannot, it is presum- 
ed, be supported by even the color of an argument. Had that been 
the intention of the parties, in the treaty of St. Ildephonso, it would 
have been easy to have provided for it: the idea was a simple one, 
which a few plain words would have expressed: but the language of 
the article referred to conveys a very different sentiment. We find 
in it nothing which countenances a presumption that the emperor 
meant to retake from Spain only a portion of Louisiana, or to refer 
to it in a dismembered state. It was natural to suppose, in accepting 
a retrocession of that province from a power possessed of the whole, 
that he would take it entire, such as it was when France possessed it. 
Accordingly we find that the terms of the article making the cession 
are as full and explicit to that effect, as it was possible to use. It is 
not stipulated that Spain should cede to France that portion of Lou- 
isiana only which she had received from France; or that West Flo- 
rida should be exempted from the cession. It is on the contrary, 
stipulated, that she shall cede it such as it zvas when ¥ ranee possessed 
it; that is, such as it was before it was dismembered by the cession 
aiterwards made to Spain and Great Britain; that she should cede it 
with the same extent that it now has in the hands of Spain; that is, en- 
tire, which it became by the treaty of 1783, whereby West Florida 
was ceded by Great Britain to Spain; such as it is according to subse- 
quent treaties between Spain and other pozvers, a stipulation which 
does honor to his catholic majesty, since it proves that in making the 
cession to France, he intended to cede only what he had a right to 
cede; that he recollected the treaty which he had concluded with the 
United Slates, in 1795; knew the extent of its obligations, and was 
resolved to execute them with good faith. Your excellency will re- 
ceive within, a paper containing an examination of the boundaries of 
Louisiana, which, it is presumed, proves incontestably the doctrine 



[155] 7 

above advanced, as also, that the river Perdido is the ancient, and of 
course present, boundary of that province to the east> and the Ilio 
iBravo, to the west. 

The United States have other causes of complaint against Spain, 
pf a serious import. In the course of the last war, many aggressions 
were committed under the authority of the government of Spain; 
but, as it is presumed, without its sanction, on the commerce of the 
United States. Her ships of war and privateers took many of their 
vessels in Europe and America, carried them into her ports, detained 
and condemned them, under pretexts which cannot be justified. The 
injury sustained by this proceeding was great and extensive, for which 
it is the duty of the President to obtain for the sufferers an adequate 
reparation. A convention was entered into at Madrid, about two 
years since, between the two powers, which provided a partial reme- 
dy for these injuries. The great object, however, was le ft open for 
future arrangement- It was owing to that consideration, and to a 
knowledge that the principal cause of variance was unprovided for, 
that the negotiation was in truth unfinished, that neither government 
took any interest in ratifying or executing that convention. The 
whole subject therefore now lies open for discussion, and it is very 
much desired to conclude it on such fair principles, as may be satis- 
factory to his catholic majesty, while it enables the President to vin- 
dicate the character of his administration, in obtaining for American 
claimants, the justice to which they are entitled. 

The occlusion of the river Mississippi, about two years past, 
contrary, not only to the spirit, but the express stipulation of the trea- 
ty of 1795, between the United States and Spain, was an act which 
exposed to essential injury, the interests of the western inhabitants of 
those States, while it could not be considered otherwise than as an 
high indignity to their government. His catholic majesty did not 
hesitate to disavow the act, when complained of by the American 
minister at Madrid. This disavowal made some atonement to the 
violated honor of the government, but no reparation for the injuries 
which had been sustained by individuals. A reasonable, but ade- 
quate reparation is still due on that account, and it is expected, that 
his catholic majesty will see die justice and proprietv of making it. 

These circumstances have produced an interesting crisis in the 
political relation of the United States and Spain, which it is the sin- 
cere desire of the President to remove by fair and amicable arrange- 
ment. If the negotiation which is about to be commenced by his or- 
der, does not terminate in that result, it will be owing altogether to 
the government of Spain. The measure which is now adopted, the 
negotiation which is invited, are convincing proofs of the sincerity 
and good faith with which the President seeks to preserve the rela- 
tions of friendship between the two powers. In the pursuit of this ob- 
ject, no unreasonable pretension is entertained, no unjust demand will 
be made. _On the subject of boundaries, although the Congress, on 
a thorough conviction of its rights, authorized the taking immediate 



8 [155] 

possession of Louisiana, according to its antient limits, and of course 
to the river Perdido to the east; yet the President, from motives of 
respect to the catholic king, postponed the execution of the measure, 
to give time for amicable explanations with his government, in full 
confidence, that they will produce their desired effect. In respect to 
aggressions on our commerce, and other injuries, it cannot be doubt- 
ed, that a suitable indemnity will be made for them. The cession 
of Florida is a question which rests on different ground. The 
policy of that measure, and the conditions of it, in case the policy is 
admitted, are points to be decided by each government, for itself, 
from a view of its interests and other circumstances. Should the ces- 
sion be made, and the other points be adjusted, there is no reason 
why the peace and friendship of the two nations should not be perpe- 
tual; there would remain no cause of jealousy between them; no 
points of collision. Possessed of ample territory to satisfy their grow- 
ing population for ages to come, the United States would be left at 
liberty to pursue their interior arrangements, without apprehending 
the interference, or having the disposition to interfere with their 
neighbors. Such a system of policy on their part, would contribute 
in a very eminent degree, to the security of the vast dominions of 
Spain to the south of us. To Spain, it is presumed, that the territo- 
ry is of but little importance; in itself, it is of none, as it is a barren 
tract. If she retains it, it must be as a post for troops to be placed 
there, in opposition to us; a measure which tends to provoke hostili- 
ty and lead to war. The Havanna is a post which answers more ef- 
fectually every object which she could contemplate from this, while it 
is free from all the objections that are applicable to the latter. Being 
an island, it is less assailable by a foreign power; situated in the Gulf 
of Mexico, it furnishes the means of giving all the protection to her 
other possessions that she could desire; and by uniting her whole force 
at one point, increases her means of defence against attack, as of an- 
noying her enemies, in time of war. It is earnestly hoped, that the 
catholic king wil] take a dispassionate view of those circumstances, 
arid of the relative situation of the two powers, and meet the Presi- 
dent in a suitable provision for their future friendship. Should he, 
however, be disposed to pursue a different policy, on him will the res- 
ponsibility rest for the consequences. 

The relation which has subsisted invariable between France and 
the United States, has been of the most friendly character. It is on 
the knowledge of that fact, and the satisfactory evidence which it fur- 
nishes that the emperor takes an interest in the welfare of the United 
States; it is on the promise above adverted to, made on his part, to 
support, with his good offices, any negotiation which the President 
might commence with the court of Spain, for the acquisition of Flo- 
rida; as also, on the firm belief, that the attainment of that object, with 
the amicable adjustment of all subsisting differences between the 
United States and Spain, must be advantageous to France, that his 



C155] 9 

: 

good offices have been and are now regulated in support of that ne- 
gotiation. 

My mission to Spain, being extraordinary, is also temporary. As 
soon as its objects are accomplished, it is my duty to return to Lon- 
don, which I shall do through this metropolis, when I hope to have the 
honor and pleasure of being presented again to his imperial majesty, 
and of acknowleging, in person, his friendly aid to my government 
and country, in a transaction of high importance to its interest, which 
ther President has thought fit to commit in part to my agency. 

I beg your excellency to accept the assurances of my high consw 
deration. 

(Signed) JAMES MONROE, 



B. 

Mr, Livingston to Mr, Talleyrand, 

SIB, 

Mr. Monroe, minister plenipotentiary from the United States 
to the court of London, is now here, on his way to Spain, where he 
is specially charged, in conjunction with Mr. Pinckney, to negotiate 
for the purchase of Florida. He is desirous of carrying with him 
the good offices of his imperial majesty with the king of Spain for 
the accomplishment of the object, of which his majesty assured him 
at the time of the conclusion of the late treaty of Paris, and which 
your excellency has, upon every occasion in which I have mentioned 
the subject, had the goodness to repeat to me. Mr. Monroe, wish „ 
ing to bring this subject more fully before his majesty, has request ec j 
me to transmit the enclosed letter for him to your excellency, t a „ Qt 
ther with the translation of a memoir on the limits of Lour siana 
which has been sent to Mr. Monroe and me by the Secretary o'j State. 
I flatter myself that this subject, which I have had the honor to brinjr. 
before your excellency* on various occasions, will meet your atten. 
tion, and that Mr. Monroe will be enabled, at an early 4'ay, to carry 
with him the assurances of his imperial majesty's friendly support 
in the negotiation he is about to undertake in Spain. 

I embrace this opportunity to renew to your excellency my a§» 
surances of high consideration. 

JParis, VUh November, iMQ& 
13 



i«r [15 53 

c. 

(Translation.) 

M, Talleyrand to the Minister Plenipotentiary of the United States. 

Paris, 26 Brumaire, iSth year* 
SIR, 

With the letter you did me the honor to address to me on the 
12th of November, I received one from Mr. Monroe relative to the 
mission with which he is charged at the court of Madrid. 

I shall hasten, sir to lay those letters, and the memoir which 
accompanied them, before his imperial majesty, and make it my duty 
to reply to the observations which you and Mr. Monroe have done 
me the honor to address to me, as soon as I am informed of his im- 
perial majesty's intentions. 

Be pleasedi sir, to accept the assurance of my high considera- 
tion. 

(Signed) CH. MAU. TALLEYRAND. 



D. 

[Translation.] 

Mr". Talleyrand to Mr, Monroe. 

Paris, December 2tst, 1804> 

SIR, 

I had the honor, in Brumaire last, to inform Mr. Livingston, that I 
would submit to the inspection of his imperial majesty, the letters 
which he addressed to me, relative to the motives of Mr. Monroe's 
journey to Spain, and some discussions between the court of- Madrid 
and the United States. 

Among the observations made on this subject by Messrs. Li- 
vingston and Monroe, his imperial majesty has been obliged to give 
particular attention to those bearing on the discussions, of which the 
object is peculiarly interesting to the French government. He has 
perceived, that be could not be a stranger to the examination of tjjese 



£155] 



11 



discussions, since they grow out of the treaty by which France has- 
ceded Louisiana to the United States, and his majesty has thought 
that an explanation, made with that fidelity which characterizes him, 
on the eastern boundaries of the ceded territory, would put an end to 
the differences to which the cession has given rise. 

France, in giving up Louisiana to the United States, transferred 
to them all the right over that colony which she had acquired from 
Spain j she could not, nor did she wish to cede any other, and that 
no room might be left for doubt in this respect, she repeated, in her 
treaty of 30th April, 1803, the literal expressions of the treaty of St. 
Ildephonso, by which she had acquired that colony two years before. 

Now it Was stipulated in her treaty of the vear 1801, that the ac^ 
quisition of Louisiana by France, was a retrocession; that is to say, 
that Spain restored to France what she had received from her in 1762. 
At that period she had received the territory bounded on the east by 
the Mississippi, the river Iberville, the lakes Maurepas and Pont- 
chartrain; the same day France ceded to England, by the prelimi- 
naries of peace, all the territory to the eastward. Of this, Spain had 
received no part, and could, therefore, give back none to France. 

All the territory lying to the eastward of the Mississippi and the ri- 
ver Iberville, and south of the 32d degree of north latitude, bears the 
name of Florida. It has been constantly designated in that way, du- 
ring the time that Spain held it, it bears the same name in the treaty 
of limits between Spain and the United States, and in different notes of 
Mr. Livingston, of a later date than the treaty of retrocession, in 
which the name of Louisiana is given to the territory on the west side 
of the Mississippi; of Florida, to that on the east side of it. 

According to this designation, thus consecrated by time, and 
even prior to the period when Spain began to possess the whole ter- 
ritory between the 31st degree, the Mississippi and the sea, this coun- 
try ought, in good faith and justice to be distinguished from Louisi- 
ana. 

Your excellency knows, that before the preliminaries of ±762, 
confirmed by the treaty of 1763, the French possessions situated near 
the Mississippi, extended as far from the east of this river, towards 
the Ohio and the Illinois, as in the quarters of the Mobile; and you 
must think it as unnatural, after all the changes of sovereignty which 
that part of America has undergone, to give the name of Louisiana 
to the district of Mobile, as to the territory more to the north, on the 
same bank of the river, which formerly belonged to France. 

These observations, sir, will be sufficient to dispel every kind of 
doubt with regard to the extent of the retrocession made by Spain to 
France, in the month of Vendemiaire, year 9. It was under this im- 
pression that the French and Spanish plenipotentiaries negotiated, and 
it was under this impression, that I have since had occasion to give 
the necessary explanations when a project was formed to take pos- 
session of it. I have bid before his imperial majesty, the negotia- 
tions ol Madrid which preceded the treaty of iSCX, and his .majesty; 



12 [155] 



is convinced that during the whole course of these negotiations, tnfc 
Spanish government has constantly refused to cede any part of the 
Floridas, even from the Mississippi to the Mobile. 

His imperial majesty has, moreover, authorized me to declare 
to you, that at the beginning of the year 11, general Beumoirville was 
charged to open a new negotiation with Spain for the acquisition of 
the Floridas. This project which has not been followed by any 
treaty, is an evident proof that France had not acquired by the treaty 
retroced'^ng Louisiana., the country east of the Mississippi. 

The candor of these observations, proves to you, sir, how much 
value his majesty attaches to the maintenance of a good understand- 
ing between two powers, to whom France is united by connexions so 
intimate and so numerous. His majesty, called upon to give expla- 
nations on a questTon which interested France directly, persuades 
himself that they will leave no ground of misunderstanding between 
tiie United States and Spain; and that these two powers, animated, 
as they ought to be, by the sentiments ol friendship which their vici- 
nity and their position render so necessary, will be able to agree with 
the same facility on the other subjects of their discussion. 

This result his imperial majesty will learn with real interest. 
He saw with pain the United States commence their differences with 
Spain in an unusual manner, and conduct themselves towards the 
Floridas by acts of violence, which not being founded in right, could 
have no other effect but to injure its lawful owners. Such an aggres- 
sion gave the more surprize to his majesty, because the United States 
seemed, in this measure, to avail themselves of their treaty with 
France, as an authority for their proceeding, and because he could 
scarcely reconcile with the just opinion which he entertains of the 
wisdom and fidelity of fTie Federal Government, a course of proceed- 
ing which nothing can authorize towards a power which has long oc- 
cupied, and still occupies, one of the first ranks in Europe. 

But the Federal Government having entered the path of nego- 
tiation, and the question which divided the two powers being cleared 
up, there is reason to hope that they will easily agree on the other 
points; and this, his majesty, from the sincere interest which he feels 
/or the equal prosperity of the two nations, ardently desires. 

Accept, sir, -the assurance of my high consideration. 

(Signed,) CH. MAU. TALLEYRAND, 



. 



[155] ' IS 



No. L- 

Messrs* Tinckney and Monroe to Mr. Cevalks* 

AranjueZy January 28, 1805* 

SIR, 

It is the sincere desire of the President to establish the rela- 
tions between the United States and Spain, on a footing of permanent 
friendship. As a signal proof of this disposition, he has instituted 
an extraordinary mission to his catholic majesty, with full power, in 
conjunction with their minister plenipotentiary at Madrid, to enter 
into such arrangements, on just and equal principles, as may be best 
adapted to the object. The situation of the two countries, at this 
time, required such an effort on his part, and it is our wish, as it is 
our duty, to do every thing in our power to carry it into effect. 

It is proper to examine impartially the several points which 
are depending between our governments. To make their friendship 
perpetual, every cause of complaint and inquietude should be brought 
into view, and amicably settled. For this purpose it is necessary to 
ascertain the respective rights in each case; since thereby an unerring, 
rule will be established by which the adjustment may be made, and 
their future harmony secured. No just government will ever de- 
mand any thing which will not bear the test of that rule; no just go« 
vernment will ever refuse to discharge an obligation which it imposes. 
We will proceed in this inquiry, in full confidence that both our go- 
vernments are animated with the same zeal to do justice, with the 
same desire to cherish the friendly relations which have, heretofore* 
subsisted between them. 

In the course of the last war many aggressions were committed 
on the peaceful, and, as it is presumed, lawful commerce, of the 
United States, to the great injury of their citizens within the territo- 
ry and jurisdiction of Spain, for which they are entitled to compen- 
sation. It cannot be doubted that Spain is responsible for these in- 
juries, in all cases where the condemnation was contrary to the laws 
of natio'ns, the subsisting treaty between the two powers, and those 
principles of justice, which are recognized and respected by other na- 
tions. It is to be regretted that a perfect accord has not yet taken 
place between our governments, on the mode of adjusting all the 
claims proceeding from this cause. It is, however, matter of much 
satisfaction to observe, that they have gone so far in the establish- 
ment of just principles, and approached so near in sentiment, as to 
justify the expectation that all differences will nosy be removed. 



U [155] 



The discussions which have already taken place, on the subject, 
have too fully illustrated its merits, to require any thing to be added 
on that point at present. We observe, with pleasure, that the Presi- 
dent reposes too much confidence in the high character of his catho- 
lic majesty, which is distinguished by a sacred regard to justice, to 
doubt his agreement to whatever it dictates. The proposition, which 
we have the honor to make to your excellency, rests on that basis, 
and will, therefore, we flatter ourselves, receive his sanction. Your 
excellency will find, that, in the terms of payment of such sums as 
may be awarded, a new accommodation is proposed, which is an ad- 
ditional proof of the disposition of our government to conciliate the 
views and interests of his catholic majesty, in this transaction. 

The suppression of the right of deposite, at New Orleans, by the 
intendant of his majesty, in the winter of 1802-3, contrary to the 
treaty of 1795, to the great injury of the citizens of the United 
States, who inhabit the territory which is bounded by the Mississip- 
pi, and the waters emptying into it, is also an act for which they are 
entitled to reparation. By restoring the deposite, on the complaint 
of the President, his majesty gave a satisfactory proof of his strict 
regard to the obligation of treaties, and the principles of justice; but 
by so doing the injuries which had been sustained by individuals 
were not redressed, nor were the just views of his majesty, in that 
respect, completely fulfilled. It is presumed that he will not hesi- 
tate to allow an adequate indemnity for the losses which were sus- 
tained by this act of the intendant. It is one of the objects of the en- 
closed project to provide for them. 

The above are the injuries which have been received by citizens 
of the United States, for which it is proposed to provide a suitable 
compensation. In seeking justice, however, it is equally the duty of 
their government to render it. It is possible that his majesty's sub- 
jects may have received injuries,, within the territory or jurisdiction 
of the United States, or by their officers elsewhere, for which those 
states are also responsible. It has been the invariable effort of their 
government to preserve the best understanding with his catholic ma- 
jesty, by a faithful observance of every duty imposed by the law oi 
nations, and the treaty subsisting between them, in their political and 
commercial intercourse. If such injuries have been rendered, it is 
the earnest wish of the President, that a just reparation should be 
made for them. 

For the fair and amicable adjustment of all such claims, on both 
sides, it is proposed to establish a board of commissioners, impartial 
and independent, which shall be vested with full power to hear and 
determine, and grant awards for all such ay shall appear to be well 
founded. This mode has proved adequate in similar cases, between 
the United States and other powers. It is not doubted that it would 
prove equal' v so between the U oiled States and Spain. 






[153] 



IS 



There is another question which it is equally proper to adjust at 
this time. By the cession of Louisiana, by his majesty the emperor 
of France, to the United States, it becomes necessary to settle its 
boundary with the territories of his catholic majesty in that quarter. 
It is presumed, that this subject is capable of such clear and satisfac- 
tory illustration, as to leave no cause for any difference of opinion be- 
tween the parties. By the treaty of April 30th, 1803, between the 
"United Skates and France the latter ceded to the former, the said pro- 
vince in full sovereignty, in the same extent, and with all the rights 
which belong to it, under the treaty of October, 1800, by which she 
had acquired it of Spain. That the nature and extent of the acquisi- 
tion might be precisely known, the article of the treaty of St. Ildefon- 
sp, making the cession, is inserted in that of Paris. To a fair and 
just construction, therefore, of that article, the United States are re- 
ferred for the extent of their rights under the treaty of 1803. There 
is nothing to oppugn its force, or detract from the import of its very 
clear and explicit terms. We have the honor to present to your ex- 
cellency a paper on this subject, which, we presume, proves in the 
most satisfactory manner, that the boundaries of that provice, as es- 
tablished by the treaties referred to, are the river Perdidoto the east, 
and the Rio Bravo to the west. The facts and principles which jus- 
tify this conclusion are so satisfactory to our government, as to con- 
vince it, that the United States have not a better right to the island of 
New Orleans, under the cession referred to, than they have to the 
whole district of territory which is above described. Aware, however, 
that the question of boundary was one, in which his catholic majesty 
was also interested, the President was not unmindful of what was due 
to that consideration. In pursuing and supporting the just rights of 
the United States, he is far from wishing to interfere with or encroach 
on those of Spain. As neighbors, he was also sensible of what was 
due to that interesting relation. And as a power which claims re- 
spect in its intercourse with other nations, he was resolved to give a 
(Jistinguished proof of that of the United States, for his catholic ma- 
jesty, in the present case. Thus no step has been taken since the 
territory was surrendered to those States by France, otherwise than 
a strong expression by the Congress of its sense of their rights. No 
portion of it has been garrisoned, or even possessed by their troops, 
which could involve any question of the kind adverted to, or mani- 
fested a disposition incompatible with these first and friendly senti- 
ments. His definitive arrangements are yet to be taken. He seeks 
to adopt them in harmony with the sentiments and interests of his 
catholic majesty; a motive which induced the measure of an extraor- 
dinary mission, and inspires this communication. 

So far we have treated of the boundary, which, of right, ought to 
be established between the two nations. It is, however, proper to 
examine and treat the subject in another view. By the acquisition 
of Louisiana, the United States and Spain have assumed, in some re- 
aspect, anew relation to each otn'er. It is, in its nature, a very inter- 



16 [155] 

esting one. £t is practicable at this time, to place it on such a footing, 
by suitable arrangements, as to preserve their friendship for ages. 
The importance of the subject, merits their very diapassionate consi- 
deration, since a failure to adopt such, may be productive of much 
harm. Happily, it is an unquestionable truth, that in consideration 
of the permanent and substantial interests of the two powers, there 
does not exist, at present, a single point of collision, an opposing in- 
terest between them. There are some topicks only, of uneasiness 
and jealousy, easy to be removed; but which, if suffered to continue, 
may engender animosities, imbitter their intercourse, and finally 
prove a cause of much trouble and even misfortune to both nations. 
To remove them, requires no sacrifice; on the contrary, much will be 
gained, since by so doing, their harmony and with it, their permanent 
interests will be secured. 

What effect does the acquisition of Louisiana, by the United 
States, produce on the interests of two powers in reference to each 
other? and what ought it to produce in their policy? These ques- 
tions admit a ready answer. That province is bounded by Florida 
to the east, and Mexico to the west; hence, Florida is surrounded on 
every side, that of the ocean excepted, by the territory of the United 
States. It is of course, an object with those states to possess it. And 
as Louisiana extends westward to Mexico, it is presumed, to be 
an object with Spain, to retard the progress of their settlements in 
that quarter. Here then is the obvious ground of an accord "between 
the two nations, in an arrangement, which seems to be well adapted 
to accomplish an object which each deems of importance. The pro- 
ject which we have the honor to present to your excellency, is intend- 
ed to conciliate and provide for those interests. It is believed, that 
its adoption will effectually do it. Your excellency must be sensible, 
under existing circumstances, and especially since the acquisition of 
Louisiana, that that of Florida has become an object of much less im- 
port nee to the United States. It is not from a want of territory, 
because it is known not to be fertile, and v/ithout it, they have enough 
to satisfy their growing population for ages. It is in truth suggested 
more by a desire to remove all cause of future variance between 
them and Spain, than the hope of any immediate advantage to be de- 
rived from it. While that province remains to Spain, it must be, in 
some degree, a cause of jealousy to the United States. Situated in 
their interior, and detached from the other dominions of his catholic 
majesty, it is probable, to render it secure, that he would be compelled 
to put a strong force there; hence, the United States would be com- 
pelled to do the same. Thus the attitude of hostility would be im- 
mediately u.ken, which a thousand causes would tend to promote. 
The jealousy of governments so contiguous to each other, the rivalry 
of governors and generals, and the conflict of commercial regulations, 
could not fail to produce that effect; in addition to which, it cannot 
be doubted- that oihtr powers would take a pleasure in seeing a rup- 
ture between the United States and Spain. It is presumed that they 



[155] 



17 



are interested in it. Remove, however, this obstacle, and establish* on 
just principles, their western boundary, and ail cause of inquietude 
and misunderstanding will be at an end. Their territories and police 
will be distinct, and their military stations at some distance from each 
other. Each power will regulate its own concerns as it thinks best: 
neither will be interested in disturbing those of the other. Their go- 
vernments, on the contrary, will find themselves bound by their in- 
terest, their faith, and their character, to keep their citizens within 
their own limits, which it will take ages to fill. Should Spain not 
place a strong force in Florida, it will not escape your excellency's 
attention, that it will be much exposed to the danger of being taken 
possession of by some other power, who might hold it with very dif- 
ferent views towards Spain, than those which animate the government 
of the United States. Without a strong force there, it might even 
become an asylum for adventurers and freebooters, to the great an- 
noyance of both nations. In this light, however, we forbear to press 
it. 

It is proposed by the enclosed project to establish a district of 
neutral territory, between the two powers, on which neither party 
shall encroach, and, with a view to accommodation, that it should be 
exclusively for a given term, within the supposed limits of Louisiana. 
We are willing that this term should amount to twenty years, to give 
time for ulterior arrangements relative to that object, and the esta- 
blishment of a permanent boundary between them in that quarter. If 
the boundaries of Louisiana are, as our government believes them to 
be, and, as we presume, is sufficiently proved by the enclosed paper, 
this arrangement cannot fail to be viewed in the light it is intended. 
This proposition, however, is not offered as an eqivalent for the ces- 
sion of Florida. It is proposed to make a pecuniary compensation 
for the cession, to an amount which is deemed equal to the value. 
To fix that value, in case his catholic majesty is disposed to make the 
cession, cannot be difficult, since, without regarding other considera- 
tions, the sum given for the whole province of Louisiana, furnishes a 
just and suitable standard. By comparing the extent of the territory 
of Louisiana with that of Florida, and taking into consideration the 
immense advantages derived to the United States, from the entire 
command of the Mississippi, and all the waters emptying into it, 
which followed the cession of Louisiana, we are promptly led to a fair 
result. On this point, we wish to confer in person, when it may suit 
your excellency's convenience. The sum which may thus be agreed 
on, it is wished to appropriate in the manner mentioned in the pro- 
posed convention. 

In seeking to terminate amicably all subsistingdifferences between 
the two powers, and to place their future relations on a basis oi per- 
manent friendship, it is thought that a formal stipulation in behalf 
of each, not only to observe the limits which may be agreed on 
between them, but to cause them to be observed by their respec- 
14 



18 [155] 

tive citizens and subjects, may have a very salutary effect. If 
such a stipulation is regarded only as a proof of the spirit in which 
the convention is formed, it will always have weight with both go- 
vernments to insure a compliance with it. But it merits to be view- 
ed in a stronger light, since it makes it the duty of each government 
to be attentive to, and to enjoin it on their citizens and subjects, re- 
spectively, strictly to observe the same. 

. As the convention of the 11th August, 1802, has not been car- 
ried into effect, it is thought best to suffer it to fall and incorporate 
its contents into the present one. On that principle the project is 
formed. Th^re seems to be a propriety in accommodating all sub- 
sisting differences, and providing for the respective interests of the 
two powers, to comprise the stipulations which are necessary in the 
same instrument. To this mode, however, we have no preference, 
and only suhmit the idea to your excellency's consideration. 

To facilitate the communication, and promote despatch, in an 
object of so much importance to our government, we have the honor 
to annex a translation into French, of this note, and the papers 
which accompany it, to your excellency. It is as correct as it could 
be made, by those attached to the legation, to whom alone could be 
confided their contents. We beg leave, however, to observe, that we 
consider ourselves responsible only for the originals, which are in 
English. 

We beg your excellency to accept the assurance of our distin- 
guished consideration. 

(Signed) CHARLES PINCKNEY, 

JAMES MONROE. 

To his excellency y Don Pedro Cevallos, fcfc. 



No. 2. 



Project of a convention between his catholic majesty and the Unite*? 
States of America, communicated with the foregoing letter. 

ARTICLE 1. 

Spain acknowledging and confirming to the United States, the 
cession of Louisiana in an extent eastvvardly to the river Perdido, 
cedes to them forever, all the territory remaining to her between the 
Mississippi, the Atlantic, and the Gulf of Mexico, together with all 
the islands thereunto annexed, either whilst the Floridas belonged to 
Great Britain, or after they became provinces of Spain. 



[155] 



19 



Possession of the said territory shall be delivered to a person 
authorized by the United States to receive the same, within 
days, or less, if practicable, after the exchange of the ratifications of 
this convention. With the said territory shall be delivered all public 
property, except ships and military stores, as also all public archives 
belong to the same. 

Within days after the delivery of possession, or sooner 

if possible, the Spanish troops shall evacuate the territory hereby- 
ceded; and if there should be any Spanish troops remaining within 
any part of the territory ceded by France to the United States, all 
such troops shall, without delay, be withdrawn. 

Spanish subjects within the ceded territory, who do not choose 
to become citizens of the United States, shall be allowed eighteen 
months to dispose of their real property, and to remove or dispose of 
their other property. 

The inhabitants of the ceded territory shall be entitled to the 
same incorporation into the United States, and to the same protec- 
tion in their religion, their liberties, and their property, as were stipu- 
lated to the innabitants of the territory ceded to the United States by 
the treaty of April 30th, 1803, between those States and France. 

ARTICLE 2. 

It is agreed that for the term of years, no lands shall be 

granted, nor shall persons who may have settled since the 1st of Oc- 
tober 180O, on lands not granted prior thereto, be permitted to con- 
tinue, within the space defined by the following limits, to wit: by a 
limit consisting of the river Colorado on the one side, from its mouth 
to its source, thence a straight line to the most south westwardiy 
source of the Red river, with such deflections however, as will head 
all the waters of that river. Thence along the ridge of the high 
lands, which divide the waters belonging to the Missouri and Missis- 
sippi, from those belonging to the Rio Bravo, to the latitude of the 
northernmost source of that river; thence by a meridian to the north- 
ern boundary of Louisiana and by a limit, on the other side of the 
Rio Bravo, from its mouth to its source , and thence a meridian to the 
northern boundary of Louisiana. 

Such of the settlements within the foregoing limits not prohibit- 
ed by the preceding clause, as were under the authority of the go- 
vernment of Louisiana, shall continue under the authority of Spain. 
Such as were under that authority, shall be under the authority of the 
United States. But the parties agree that they will, respectively, of- 
fer reasonable inducements, without being obliged to use force, to all 
such settlers to return from the space above limited, and establish 
themselves elsewhere. 

The Indian tribes within the said limits shall not be considered 
as subject to, or exclusively connected with, either party. Citizens 
of the United States, and Spanish subjects, shall be equally free to 



20 [155] 

trade with them, and to sojourn among them, as far as may be neoes* 
sary for that purpose; and each of the parties agrees to restrain by 
all proper and requisite means, its respective citizens and subjects 
from exciting the Indians, whether within or without the said limits, 
from committing hostilities or aggressions of any sort on the subjects 
or citizens of the other party. The parties agree, moreover, each of 
thtm, in all public transactions and communications with Indians, to 
promote in them a disposition to live in peace and friendship with the 
other party. • 

It shall be free for Indians now within the territories of either of 
the parties, to remove to, and settle within the said limits, without 
restraint from the other party. And either party may promote such 
a change of settlement by Indians within its territory, taking due care 
not to make it an occasion of war among the Indians, or of animosi- 
ties in any of them against the other party. 

The United States may establish garrisons sufficient as sucurity 
against the Indians, and also trading houses at any places within the 
said limits where garrisons existed, at any time, under the Spanish 
government of Louisiana. And Spain may continue garrisons for 
the like purpose, at any places where she now has them, and establish, 
trading nouses thereat. Either party may also cause or permit any 
part of the country within the said limits to be explored and surveyed 
with a view to commerce or science. 

It shall be free for either of the parties to march troops within 
the said limits against Indians at war with them, and for the purpose 
of driving or keeping out invaders or intruders. 

ARTICLE 3. 

It is agreed that within — years previous to the expiration of the 
aforesaid term of « — years, due provision shall be made for amicably 
adjusting and tracing the boundary between the territories of the United 
States, westward of the Mississippi, and the territories of his catho- 
lic majesty, which boundary shall then be established according to 
the true and just extent of Louisiana as ceded by Spain to France, 
and by France to the United States, uninfluenced in the smallest de- 
gree or in any manner whatever by the delay, or by any arrangement 
or circumstance contained in or resulting from this convention. 

It is also expressly stipulated by the parties, that they will cause 
the limits which are hereby defined, or may be hereafter defined be- 
tween them, to be faithfully observed, by restraining their respective 
citizens and subjects, by suitable arrangements, from violating them 
in any manner whatever. 

ARTICLE 4. 

His majesty and the United States, wishing in the same spirit of 
conciliation, amicably to adjust the claims which have arisen from 



[155] 



21 



the wrongs and excesses committed during the late war, by individu- 
als of either nation, or by others within the territory or jurisdiction 
of either, contrary to the laws of nations, the treaty existing between 
the two countries, or the principles of justice, have determined that 
the same shall be adjusted in the following manner: 

A board of commissioners shall be formed, consisting of five 
commissioners, two of whom shall be appointed by his catholic ma- 
jesty, two others by the President of the United States, with the ad- 
vice and consent of the Senate, and the fifth by common consent of 
the four commissioners, and in case they should not be able to agree 
on a person tor the fifth, the commissioners of each power shall 
name one, and leave the decision to lot, and hereafter in case of 
the death, sickness, or necessary absence of any of those already ap- 
pointed, the remaining commissioner or commissioners of the power 
whose commissioner is dead or unable to attend, shall fill the va- 
cancy. ; 

When thus appointed, each one of them shall take an oath to 
examine, discuss and decide, impartially on the claims which they are 
to judge, according to the laws of nations, the existing treaty, and the 
principles of justice. 

The commissioners shall meet and hold their session in Madrid, 
where, within the term of eighteen months, to be reckoned from the 
day on which they assemble, they shall receive all claims, which, in 
consequence of this convention may be made, as well by the subjects 
of his catholic majesty, as the citizens of the United States of Ame- 
rica, who may have a right to demand compensation for the wrongs 
and excesses committed by Spanish subjects or American citizens, 
or others within the territory or jurisdiction of either of the contracting 
parties. The commissioners are authorized to hear and examine on 
oath, every question relative to the said demands, and receive as 
worthy of credit, all testimony and evidence, the authenticity of which 
cannot be doubted. The said commissioners shall grant awards for 
the sums which may be due to the several claimants, with interest on 
the same at the rate of six per cent, per annum, to commence from 
such daces respectively, as to them shall appear to be just. 

From the decision of the commissioners there shall be no ap- 
peal, and the agreement of three of them shall give full force and ef- 
fect to those decisions, as well with respect to the justice oi the claims, 
as the amount of the indemnifications which may be adjudged to the 
claimants; the said contracting parties obliging themselves to satisfy 
the said awards in specie, in the manner stipulated by the 6th article, 
of this convention. 



ARTICLE 5. 

The said commissioners shall also take cognizance of, and esti- 
mate all damages which were sustained by the citizens of the United 



22 £\5Sli 

States, by the suppression of the right of deposite at New Orleans by 
the intendant of his catholic majesty, in the years 1802-3, contrary to 
the treaty of 1795, for which the said commissioners shall grant a 
certificate to the government of the United States, the amount where- 
of shall be paid to it by the government of Spain, in the same man- 
ner as is stipulated in favor of other claims in the preceding article. 
The government of the United States, shall pay the sums thus re* 
ceived, to the individuals who were injured by the suppression of the 
said deposite. 



ARTICLE 6. 

It is further agreed that the respective governments will pay tha 
sums awarded by the said commissioners under this convention, in 
the manner following: 

The government of the United States shall pay all such sums 
not exceeding in dollars, which may be awarded 

as compensation to citizens of the United States, from his catholic 
majesty, in three equal annual instalments, at the city of Washing, 
ton; the first instalment to be paid in eighteen months, after the ex- 
change of the ratification hereof, or in case they shall not be so paid, 
they shall bear an interest of six per cent, per annum, from the time 
they become due until they are actually discharged; and in case the 
aggregate of the said sums should not amount to the said sum of 
dollars, the United States will pay to his catholic ma- 
jesty, within one year after the final liquidation of the claims cogniza- 
ble by the said board, at the city of Washington, so much as the said 
aggregate may fall short of the sum abovementioned; but on the 
other hand, if the whole amount of the sums awarded to citizens of 
the United States should exceed the sum of dollars, his 

catholic majesty shall pay the surplus without deduction, to such 
claimants, within one year after their claims shall be respectively li- 
quidated. The said claims shall, nevertheless, bear an interest of 
six per cent, from the time of their liquidation until they are dis- 
charged. 

The government of the United States shall also pay without de- 
duction, at the city of Washington, all such sums as may be awarded 
against them by the said commissioners for compensation due to Spa- 
nish subjects, within one year after their claims shall be liquidated, 
and from the time of their liquidation, the said claims shall bear an 
interest of six per cent, per annum until they are discharged. 



ARTICLE 7. 

This convention shall be ratified within 
after the signing thereof, or sooner if posssible, and the ratifications 



[155] 



23 



shall be exchanged within days after the ratification by the 

United States at the city of Washington, 



No, 3. 

(Translation.) 

Bon Fedro Cevalios to Messrs. Pinckney and Monroe* 

dranjuez, olst January, 1805* 

GENTLEMEN, 

The king, my master* having on all occasions given such re- 
peated proofs of his friendship towards the United States, and of his 
sincere desire to live with them in peace and harmony, could not but 
hear with pleasure, what you have been pleased to manifest in your 
esteemed note of the 28th inst. relative to the desire of the President 
of the United States, to fix the friendly relations of the two countries, 
in a manner the most solid and permanent and that for this purpose 
the American government had named an extraordinary mission at this 
court, to commence such negotiations as might be best adapted to 
complete an object of so much importance, and founding them on 
just and impartial principles. His catholic majesty, on his part, de- 
sires nothing more ardently than that those equal and just princi- 
ples, so conformable to the rectitude of his royal mind, may direct 
the discussions and negotiations depending between the two govern- 
ments. For this end, nothing appears better adapted than the mode 
proposed by your excellencies, in the first part of your note. 

According to this principle, proposed by your excellencies, and 
which, certainly, is highly worthy the good faith of both governments, 
it appears the most proper, that, before we proceed to examine pro- 
jects of a convention, which ought to result from discussions of all 
the different points in dispute, we should first examine each p apt se- 
parately, and in this form, determine the respective rights of each 
country, and then proceed to such negotiations as the interests of 
each country may require. Under this idea, and following the tenor 
of your note, it appears that the points depending may be reduced to 
the following: 

1st. The damages occasioned during the late war, by the exces- 
ses committed by individuals of both countries, contrary to the law of 
nations, and the existing treaty. This point is nearly decided by the 
convention of 1802, which has been ratified by the American govern- 
ment; and his majesty, on his part, is disposed to ratify the same, af- 



24 [155] 

ter the obstacles which occasioned its postponement shall be removed. 
Thus there is but little to regulate on this point, considering how far 
it is already advanced, and that the sincere desire of both governments 
is to proceed with candor and good faith. 

The 2d point mentioned in your excellencies 1 note, relative to 
the indemnification of injuries supposed to have been received by 
American citizens, in consequence of the suppression of the right of 
deposite at New Orleans, by order of the intendant of that city, is a 
point of discussion which has not yet been commenced, and it is one 
on which the Spanish government is convinced, that the United States 
have neither any motive or right to found a reclamation. 

3d. This point which is relative to the demarcation of the limits 
of Louisiana, retroceded by Spain to France, and by her transferred to 
the United States, by its nature, subdivides itself into two others, to 
wit: the demarcation of the limits of Louisiana on the east, or side of 
the Floridas, and that on the side of the interior provinces of New Spain. 
As a testimony of the desire with which his majesty is actuated, that 
these demarcations may be executed with the skill and justice requisite, 
and at the same time, with all possible despatch, I have to inform you, 
what is already known to your government, that, at the commence- 
ment of the last year, the king named for his commissioner, for these 
demarcations and limits, brigadier marquis of Casa Calvo, who is now 
at New Orleans with the engineer Don Josef Martines. 

Not having yet agreed upon others of the said points mentioned 
in your excellencies' note, and they being by their nature unconnect- 
ed, it appears that it would only be confounding them, and multiply- 
ing their confusion, to treat upon the whole at once, and proceed im- 
mediately to form, for either party projects of a convention, from the 
mass, analyse these incorporated points of discussion, and discussion 
of them will become much more simple and plain, and with this new 
light, it will, after, be easy to embrace the whole at one view. 

This method is clear and simple, and, according to my idea, is 
what you indicate in the first part of your note. This being the case, 
it appears to me, that we may occupy ourselves, in the first place, in 
determining the point relative to the reclamation, for which purpose, 
we may take up the convention of August, 1802, by reason of its al- 
most finished state. Fix the rights of each country on each point, 
and the means will be plain and easy to negotiate them with that 
equal utility, which both countries may find convenient. 1 have no 
doubt but you will find this method of proceeding conformable to rea* 
son; and waiting your reply, I am, &c. 

(Signed) PEDRO CEYALLO& 



£155] 25 

No. 4. 

Messrs. Pinckney and Monroe, to Don Pedro Cevallos.. 

i&ranjueZi 5th February, 1805. 

SIR, 

We have received your excellency's letter of the 31st ult. in an* 
swer to that which we had the honor to write to you on the 28th, and 
beg you to be persuaded, that we are highly gratified with the assur- 
ance it contains, that his catholic majesty is disposed to meet the Pre- 
sident of the United States, in such arrangements, on jast and equal 
principles, as may be necessary to accommodate subsisting differences, 
and place the relations of the two countries on a basis of permanent 
friendship. Since our governments are animated with these honor- 
able views, it cannot be doubted, that their object will be accomplish- 
ed. 

Your excellency observes, that it will be more proper to examine, 
previously and separately, each point depending between our govern- 
ments, to establish their respective rights, in each, and trien proceed 
to the adoption of such a project of a convention, as may provide for 
the whole. In this idea, we perfectly agree. It was on that princi- 
ple, as you justly observe, that our note of the 28th was conceived; by 
it, every topic of complaint, every question of interest, is presented to 
your excellency's view. It remains only to decide these several 
points, and with them, the fortune of the present negotiation. The 
case of claims for injuries done to the citizens and subjects of either 
party, within the limits and jurisdiction of the other, being first in or- 
der of time, ought to be first determined. As we presumed that this 
subject had been already sufficiently discussed, we thought it suffi- 
cient, in our former note, to submit such an arrangement res* 
pecting it as we were authorized to propose. As, however, it seems 
to be your excellency's desire, we shall not hesitate to communicate 
more fully the views and sentiments of our government on this point, 
and the principles on which they are founded. It is the more neces- 
sary so to do, to free it from the complexity in which it may other- 
wise be involved. 

It is known to your excellency, that by the convention of August 
the 11th, 1802, an immediate provision was not made for satisfying 
the claims of their respective citizens and subjects, for all the injuries, 
which they had received in the course of the last war, within the ju- 
risdiction of each power, and for which they were responsible: that 
it was not then possible for the plenipotentiaries, charged with that 
subject, to agree on a mode of arbitrating the claims originating from 
the excesses of foreign cruizers, agents, consuls, or tribunals, in their 
respective territories, which might be imputable to their two govern- 
ments, and that in consequence thereef, it was agreed between them^ 
15 



26 [155] 

to provide then for the adjustment and satisfaction of such as were 
committed by their respective citizens and subjects only, reserving 
to each -government*, its citizens and subjects, their respective rights, 
with liberty to bring forward their claims, at such times as might be 
convenient to them. Had that convention been carried into effect, at 
any time before the present, we should have had now to provide for 
the claims only which were then postponed, whose just title to repa- 
ration seems to be sufficiently sanctioned by that instrument. But as 
that convention has not been carried into effect, and of course no sa- 
tisfaction made for that portion of the injuries complained of, it is pro- 
per that the whole subject should now be taken into view, and defi- 
nitively settled. It would badly comport with the spirit of the pre- 
sent negotiation, whose object is to adjust every difference, and re- 
move every cause of inquietude, to leave any thing unfinished. Our 
government considers its citizens entitled to compensation for every 
injury which they did receive, within the jurisdiction of his catholic 
majesty, contrary to the treaty between the United States and Spain, 
the law of nations, and the principles of justice sanctioned by them, 
whether they were committed by his majesty's subjects and tribunals, 
or those of any other nation. For all such acts, the government, with- 
in whose limits they were committed, is alone responsible, for over 
them has it the exclusive jurisdiction. A contrary opinion cannot be 
advanced, without derogating from the established doctrine of the 
law of rations, or rights of sovereignty incident to each. It is a well 
established doctrine, that no two nations can, by their accord, or any 
arrangement between them, change a law adopted by the whole. 
Such change, if agreed on by any two nations, can only operate as a 
special compact between them, which finds an equivalent by the reci- 
procity of the stipulation, or some other article of the treaty, but can 
never change the relation of either with other powers, or the rights 
and claims of such other powers on each Of those nations. It is equal- 
ly well established, that protection is due by every government to fo- 
reigners within its limits, in return for which they are entitled to 
their allegiance while they remain with them, as it is that such pro- 
tection cannot be withdrawn or the jurisdiction of a foreign power 
be permitted within its limits, to the injury of a third power A Con- 
trary doctrine supposes separate and independent jurisdictions and 
governments within the same limits, and altogether confounds the 
nature of sovereignty, which is complete, absolute, and exclusive, 
wherever it exists. It is proper to add. that this doctrine of the law 
of nations, so clear and explicit, is stiil further enforced by the stipu- 
lation of the Gth article of the treaty of 1795, between the United 
States and Spain. 

In the project which we had the honor to present to your excel- 
lency, you will find that it is intended to provide for the whole of these 
claims, whether the convention of August 11th, 1802, is carried into 
effect, or suffered to expire* In the former case, we should expect 
that an article be inserted in the proposed one, to provide for those 



[155] 



27 



cases which were not provided for in that. We consider it our duty 
to inform vour excellency, that we cannot consent to any arrangement 
which does not provide for the whole subject, having received orders 
to that effect, by a courier who has just arrived with despatches as late 
as the 3d December last. We owe it to the spirit of candor, which is 
to prevail in this negotiation, to state to your excellency this fact, and 
we ask of you to inform us, in the same spirit, whether we are to ex- 
pect the accord of your government to such an arrangement as will be 
effectual to this object. 

That our government is entitled to expect an adequate compen- 
sation for the injuries which our citizens received, by the suppression 
of the right of deposite at New Orleans, is a point, on which, we did 
presume, there could be no doubt. The right to such a deposite is 
stipulated forever to the United States, by the 22d article of their 
treaty with Spain, either at New Orleans, or on some other part of the 
banks of the Mississippi, equally convenient to the parties. It is the 
obvious import of that article, that there never shall be a moment's 
interruption in the enjoyment of that right; a right which was, so ne- 
cessary to the interests of those dependant on it, and of course to the 
peace and friendship of the two nations, In exercising the right re- 
served to his catholic majesty, to change the place of deposite and as- 
sign some other equivalent establishment, it is equally the import of 
that article, that the whole arrangement should be made at the same 
time; that the same act which suppressed the existing deposite, should 
open another; and that the government of the United States should 
be apprised of that intention in due time to prevent their citizens be- 
ing injured by the measure, and also, to be consulted on the place 
which it was proposed t substitute to the existing one In the proceed- 
ing which took place at New Orleans, none of those rules were ob. 
served; all respect for our government and the rights of our citizens 
was lost sight of. In short, had that act been imputable to his majes- 
ty's government, the President could have seen in it nothing short of 
a commencement of hostilities; as much so, as if his troops had in- 
vaded their territory, or his fleets entered in hostile array, anv of their 
ports. But the President never considered that act as imputable to 
his majesty's government. He entertained too high a respect for the 
good faith of the catholic king, to believe that it proceeded from him. 
He always considered it as the act of the intendant, and was happy in 
the result, to find that such was the case. Neverthless being the act 
of his majesty's officer, his government is responsible for the injuries 
resulting from it. Your excellency will find, that as early as March 
the 25th, 1803, the minister of the United States accredited with his 
majesty, claimed, by order of the President, an indemnity for these 
injuries, which was repeated in subsequent notes of the 12th and 23d 
of April of the same year. It has not since been pressed, because by 
like order, the subject was reserved with others, for final arrangement 
at the present occasion. 



28 [155^ 

On the subject of limits, we have little to add to what we have 
already stated in our former note. By it, a full view is given of what 
our government conceives to be its just rights in that respect. The 
couimissioners appointed by his majesty for the demarkation thereof, 
can do nothing till some arrangement takes place berween the two go- 
vernments, to fix the principle which is to guide them. They must 
remain inactive, until it be known bv what course, latitude, meridi- 
an, or natural boundary, the demarkation is to be made. It is an im- 
portant object of the present negotiation, to fix that principle. We 
take the liberty also to refer your excellency to our former note, and 
the papers which accompanied it, for the views of our government, 
on the other topics of a territorial nature. It is not in our power to 
add any thing on those points to what we have therein stated. 

The President being very desirous, with a view to the perma- 
nent harmony and welfare of the two nations, to adjust and arrange 
every question and interest depending between them, and having 
given us full power for the purpose, waits with anxiety the result. 
Having had the honor to submit to your excellency, as was agreed in 
our first interview, our propositions for the attainment of that desira- 
ble end, by which the subject is presented equally in detail as in a ge- 
neral view, and having now given the further explanations which 
were desired by your esteemed note of the 31st ult. we have only to 
request, that you will give us your answer to the same. As every 
point has been long under the consideration of his majesty's govern- 
ment, we do not doubt that its mind is made up as to the course the bu- 
siness is to take. It is in his majesty's power, by the answer which you 
give, to fix at once the relations which are to subsist in future between 
the two nations. The United. States have done every thing in their 
power, which a regard to justice and the rights of their citizens will 
permit, to place and preserve them on a most friendly footing; ancl 
we flatter ourselves, that his catholic majesty, who is distinguished 
among sovereigns by his regard for justice and good faith, will meet 
them in such arrangements as may be effectual to the object. 



We beg your excellency, &c. 



;»,, n CHAS. PINCKNEY. 

e&igneaj JAMES MONROE. 



His excellency 

Bon Pedro Cevallos. &c. fcfe. &Y, 






[155] m 

No. 5. ■ 
(Translation.) 

J)on Pedro Cevallos to Messrs. Vinckney and Monroe, 

firanjuez, February 10, 1805, 

GENTLEMEN, 

I see, by the tenor of your esteemed note of the 5th instant, in 
reply to mine of the 31st ultimo, that we are of the same opinion, as 
it relates to the principle established, that, to regulate, amicably, all 
the points depending between the two governments, it is necessary, 
first to establish the rights of each country upon each one of the points 
in dispute, and then proceed to bring forward such negotiations as 
the reciprocal interests of each country may require; and in conse- 
quence of the point relative to indemnification for damages, occa- 
sioned during the last war, by individuals of each nation, being alrea^ 
dy so far advanced, that ought, undoubtedly, first to occupy our at- 
tention. We will, therefore, in this letter, discuss the points relative 
to indemnifications, leaving, for another opportunity, the discussion 
of the limits, which is so different in its nature. 

It is just that the losses sustained by the citizens or subjects of 
either nation, during the last war, contrary to the law of nations, or 
the existing treaty, should be satisfied; and to this effect the conven- 
tion of the 11th August, 1802, between the plenipotentiaries of the 
two governments, was concluded, that the individual sufferers might 
find a quiet and convenient redress. The intention of the king, my 
master, always unchangeable, and always conformable to the accre-8 
dited honor and justice which characterize him, is now the same it 
was at the time that convention was concluded. 

However, some circumstances have taken place, between the 
time it was concluded, and its ratification, which will make several 
explanations necessary. In the first place s it appears that many sub- 
jects of Spain, who had reclamations to make, having been injured by 
the citizens of the United States, in consequence of this convention, 
came to Madrid, from S. America, hearing that it was adjusted; 
but were obliged to return home, upon the report that tbt: Senate of 
the United States had refused to ratify it, during the session of 1803. 
It was but reasonable, then, that the vassals of his majesty should be 
informed that the convention was ratified, that they might come for- 
ward to establish their clajms, and for this it wss necessary to give 
them a certain space of time. His majesty proposed that this space 
of time should be agreed on between the two governments, that the 
ratification might be known to all those interested. 

It having come to the knowledge of his majesty that Congress 
had, on the 27th February, approved an act, by which it appears the 
President was authorized to establish customhouses in the territory 
of West Florida, and as this province belongs to his majesty, he hav- 
ing conquered it, by the valor of his arms, not receiving it frorn 



30 [155] 

f ranee, of course eould not retrocede it to her, and as he was in the 
quiet possession of the same a »d siiil remaining possessed, his ma- 
jesty could not but be offended at this account. Kven should it be 
supposed that the United States have pretentions to this territory, 
it certainly was not the way to bring them forward, to proceed to 
acts of possession, and disturb a friendly nation in her rights, by a 
solemn legislative act. Such conduct must, consequently, appear to 
his majesty very little conformable to the friendly relations of the 
two countries, and under such circumstances, it did not correspond 
V T ith the respect due to his royal person, or to the nation which he 
governs, to ratify conventions, which are acts of political friendship, 
with those who had violated, in a solemn manner, the rights of his 
sovereignty, until they should give satisfaction, or correspondent ex- 
planation. Thus, it was just that he should ask this satisfaction, 
which was done accordingly, 

It having also reached the king's notice, that the French go- 
vernment had satisfied the United States, for the damages sustained 
during the last war, by her privateers, it appeared not only unneces- 
sary, but capable of producing confusion, to let the 6th article of the 
convention of August, 1802, exist; by which, as his majesty did not 
confess himself responsible for the damages occasioned bv French 
privateers, on the coast and in the ports of Spain, the United States 
did not strengthen their rights- which they thought they possessed; 
and to let it exist would but expose the business to confusion, A 
desire, therefore, was manifested that the 6tn article should be sup- 
pressed. For the purpose of making these circumstances known to 
the American government, his majesty thought proper to suspend 
the ratification of the convention, and sent off a courier to the United 
States, with letters to this effect, to his minister plenipotentiary resU 
dent there. 

Your excellencies are acquainted that your government being 
instructed relative to the observations which were made to them, by 
his majesty's minister, upon this subject, agreed to fix a term in 
which his majesty's subjects, interested in the convention, might have 
notice of its ratification, and come forward with their claims before 
the commissioners; and that each government should give orders to 
its respective citizens and subjects, not to commence their opera* 
tions, until a convenient term should expire. Thus, upon this article, 
there remains nothing to do, but to fix this term, in order that the 
ratification of the convention may take place, 

In respect to the second particular, the reply of the American 
government, was not so decisive and clear as his majesty had a right 
to expect from a government so friendly. The act of Congress, of 
the 2iih of February, 1804, in its obvious and literal sense, disturbed 
the peaceable possession which his majesty had, and still has, of 
"West Florida, and the explanations of the President of the United 
States, contained in his proclamation of the 3d of May, saying that it 
was to be carried into tRccixvihin the United States, could not be 
considered but as equivocal and susceptible of a double meaning, 



[155] 



31 



although the explanation of the Secretary of State of the United 
States, is somewhat more explicit, promising to leave every thing in 
statu quo, until an amicable arrangement should take place with Spain, 
and that the port of entry, mentioned in the act, would be established 
at Fort Stoddart, within the present territory of the United States. 
As his majesty desires to live in harmony with the United Ctates, he 
wishes to persuade himself, that this explanation, although it does not 
give that satisfaction, which he had so just a right, to expect, is in 
some measure satisfactory, so far as it respects his quiet possession 
of West Florida, But could not his majesty complain, that satisfac- 
tion has not been given in explicit and solemn terms, for the publicity 
of a solemn act, whose obvious and literal sense, went to disturb hia 
quiet possessions? On the other hand, it is said, in a plausible man- 
ner, that the port of entry shall be at fort Stoddart: but how is it 
possible to arrive at fort Stoddart, or go from thence to the sea, with- 
out navigating the rivers of West Florida, traversing its territory, and 
disturbing the peaceable possession of his majesty. Thus his well 
founded motives of complaint, in respect to that act, still exist; and 
his majesty intends to keep them in mind, that satisfaction may be 
given by the United States; but as it relates to satisfying the conven- 
tion of August, 1802, his majesty agrees from this time, to be satis- 
fied in this respect, and thinks, in so doing, that he gives an unequi- 
vocal testimony of his friendship towards the United States. 

Two obstacles to the ratification of the convention being remov- 
ed, we should now treat only of what relates to the 6th article of the 
said convention. His majesty expressed a desire, that this article 
should be suppressed, under the idea that its insertion would neither 
add to, nor diminish the rights of the United States, or of his majes- 
ty. The clear and obvious sense of that article is, that the two con- 
tracting parties, not having been able to agree, relative to the indem- 
nifications reclaimed by the United States, for damages occasioned 
by French privateers and tribunals, on the coast, and in the ports of 
Spain, reserved to themselves, for a future day, the rights they might 
have, the United States to reclaim, and his majesty to show that he 
was, in no manner, bound to satisfy them. In this particular, there- 
fore, no right is given to the citizens of the United States, or taken 
away from them, by this article; and during the long space of time 
that has passed, between the adjusting the convention and its ratifi- 
cation, his majesty thinks he has demonstrated, in a most evident 
and decisive manner, that he is not responsible for the said indemni- 
fication. It appears superfluous to permit the existence of an arti- 
cle that can neither give, or take away any right, and which can only 
serve to produce confusion. 

It never was the intention of his majesty, nor is it now, that the 
suppression of the said article, should imply a renunciation, by the 
United States, of the right which they think they have to reclaim the 
said indemnification; but, on the contrary, only that they should not 
believe, that his majesty renounces, on his part, the right he thinks he 



32 £i55] 

has to resist the payment of it. But, should the American govern* 
ment have any objection to the suppression of the said article, his 
majesty will not oppose its continuance, provided it be understood 
in the ratification, that, by the insertion of the 6th article, it is not, in 
any wise, to be inferred that his majesty renounces the exceptions, 
which are occasioned by the convention, concluded between the Unit- 
ed States and France, the 8th vendeminire, year 9th, the context of. 
the treaty of the sale of Louisiana, concluded between the same pow- 
ers; the affirmation of the French government, through the medium 
of its ambassador, Lucian Bonaparte, that the damages sustained by 
the United States, during the last war, were satisfied by France, and 
other strong reasons by which this pretension is opposed. 

The American government cannot be surprised, that his majes- 
ty wishes to make this explanation in his ratification, if it is recollect- 
ed that such an explanation is, undoubtedly, contained in the 6th ar- 
ticle. It mentions that his majesty reserves to himself the rights 
which belong to him; although it is not particularly or expressly 
mentioned, what are the rights which his majesty believes belong to 
him; and, at present, to avoid ambiguity, he thinks it necessary to 
explain in the ratification, what these rights are, which are reserved 
by the 6th article, and to make mention of them. 

If the United States, on their part, wish to validate the rights, 
which thev think they have, to exact indemnifications, and also, to re- 
serve them in the same article, it will then be beginning a separate pre- 
tension, which in no wise ought to embarrass the regular course of 
the convention of 1802. It shoujd be reduced to this question: Is 
Spain responsible or not, for the damages and losses, occasioned by 
French privateers and tribunals, within her jurisdiction, during the 
last war? Spain believes that she is not responsible, and thinks that 
she can demonstrate it to a certainty. 

But, as this is the second point in order, relative to the preten- 
sions which your excellencies have manifested, it appears to me con- 
venient, to treat it separately also, after the plan proposed in my note 
of the 31st ultimo. In the mean time referring you to what I have 
already written on this point, relative to indemnification for losses 
sustained by French privateers, &c. to Mr. Pinckney, under date of 
25d August, and 5th October, 1803, and to save your excellencies 
the trouble of referring to the correspodence of that year, I take the 
liberty to enclose copies of them, and also of the opinions of lawyers, 
the most celebrated in the United States, who have been consulted 
upon this subject, and who unanimously declare, that Spain was not 
responsible to satisiy the said indemnities; and, in which declaration, 
these lawyers gave a proof of their rectitude, by declaring their sin- 
cere concession of the slender foundation, on which these reclama- 
tions of their country rested. 

I conclude this letter, bv assuring your excellencies that his ma- 
jesty is disposed to ratify the convention of the 11th August, 1802, 
in the form which has been mentioned, and that, should your excel- 



[155] 



S3 



leneies find no difficulty in so doing, as I hope will be the case, im- 
mediately after the ratification of the convention, we will proceed to 
the other depending points, and finally, to those negotiations, which 
the reciprocal interests of both countries may require. 
I renew to your excellencies the assurances, &c. 

(Signed) PEDRO CEVALLOS. 

Messrs* ~£\nckney &? Monroe^ 



No. 6, 

Messrs, Tinckney and Monroe to Don Pedro Cevallos. 

AranjueZ) February 12, 1805. 

SIR, 

We have received your excellency's letter of the 10th instant, 
and have considered it with the attention which was due to an inte- 
resting communication, on a subject of great importance to the Unit- 
ed States. By it we perceive, with regret, that an accord is not 
likely to take place between ds, on the point to which it refers, since 
it appears that his catholic majesty is not disposed to make repara- 
tion to the government of the United States, for all the injuries which 
their citizens received under his jurisdiction, of the character de- 
scribed in our former note, whether the same were committed by 
his majesty's subjects, or those of any other power. Having had the 
honor to inform your excellency that we could accede to no arrange- 
ment which did not provide for every injury, it seems useless to 
prolong the discussion on that point. We submit it to your excels 
lency's consideration, on what we have already said. 

Your excellency having expressed a desire to leave the other 
points to be discussed afterwards, it is proper now to proceed to them, 
and as we have already submitted the claims of the United States, 
for injuries arising from the suppression of the right of deposite at 
New Orleans, and as to boundaries, with our opinions thereon, and 
the wish of our government that the same should be amicably ad- 
justed, we take the liberty to request that your excellency will have 
the goodness to state to us, what are the views of his majesty' go- 
vernment on these points, particularly as to the eastern and western 
limits of Louisiana, and how far his majesty is content to cede all his 
claim to the territory lying eastward of the ^tississippi; whether he 
is willing to adopt the plan of % neutral territory, and in what extent. 
By being possessed of his majesty's sentiments and propositions on 
these points, we may be enabled to take a view of the whole subject, 
and see whether it is yet possible to come to some accord, bv a gene- 
ral arrangement, which, while it keeps out of sight questions, on which 
unfortunately there has been so much difficulty and disagreement, 
may in the end do substantial justice to all parties. 
16 



34 [155] 

Believing this to be the most effectual and speedy mode of con- 
cluding the business, we shall wait with anxiety and impatience your 
excellency's answer to this communication. We beg to repeat that 
we shall receive with consideration, and weigh with attention, what- 
ever propositions, by his majesty's order, your excellency will do us 
the honor to communicate, having in view the amicable adjustment 
of the whole business. 

We have the honor to request that your excellencv will accept^ 
he. 

(Signed) CHAS. PINCKNEY, 

JAS. MONROE. 
His excellency Bon Pedro Cevallos, 

First Secretary of State, £s?c. fcfe. fcfo 



No. 7- 

(Translation.) 

Bon Pedro Cevallos to Messrs, Pinckney and Monroe. 

GENTLEMEN, 

The contents of your esteemed note of the 12th inst. in answer 
to mine of the 10th, have caused me some surprise, as well on account 
of not having found in it, as 1 had promised myself, that your opi- 
nions are for continuing the discussion relative to the reclamations of 
individuals of both nations, as of your determination to suspend the 
discussions, upon the matter of this subject, unless the Spanish go- 
vernment will m?ke itself responsible for the losses occasioned by 
French privateers. It is my opinion, that as they are two species of 
reclamation so different in their nature, they can easily be divided 
into two, and that after the convention upon the first point is ratified, 
the discussions upon the second can take place without inconvenience; 
and I am persuaded, that in justice to the individuals of both nations 
who have received reciprocal injuries during the last war, we ought 
to terminate and satisfy, as soon as possible, those reclamations on 
which both governments are agreed, without prejudice to, or discon- 
tinuing the examination of, the other points. 

It appears, however, that your excellencies wish to leave this 
point unsettled; and moreover, refuse to enter into ulterior discus- 
sions on the point of indemnifications for losses occasioned by French 
privateers. In this state of the affair, and notwithstanding the man- 
ner in which your excellencies have chosen to proceed, I cannot but 
repeat to you. what the accredited honor of my government required, 
to wit: that his majesty is row, and ever will be, disposed to do jus- 
tice to the citizens of the United, injured by Spanish subjects, during 
the last war, ard to conclude and ratify any convention relative there- 



[155] 



-3 5 



to. Bat as it relates to injuries occasioned by French privateers, 
on the coast and in the ports of Spain, his majesty thinks he can- 
not accede, in this point, to the pretensions of the United States, be- 
cause he believes that he has demonstrated in the most convincing and 
evident manner ) that Spain is not responsible for such indemnifica- 
tions. 

Although in my letters to Mr. Finckney of the 23d August, 
and 5th October, 1803, and in the reply of the lawyers of Philadelphia 
and New York upon this point, of which I enclosed to you copies in 
sny note of the 10th inst. it is clearly demonstrated, that the Spanish 
government is not responsible for such indemnifications, 1 had, never- 
theless, determined, that when (in the order proposed) we should 
have arrived at this second point of the pretensions of your govern- 
ment, to have entered further into the discussion of this subject, and 
to have extended my observations thereon, so as to demonstrate the 
Solid reasons by which the Spanish government could refute such pre- 
tensions. But as your excellencies believe that it is not necessary, or 
that it is incompatible with your instructions, to lose your time in 
such discussions, I do not wish to molest your attention, and only 
again refer you to the letters before mentioned, and also to the reply 
of the American lawyers. But, your excellencies will permit me to 
make known to you, how for the French government is persuaded of 
the unfounded right which the American government has to reclaim 
any thing from Spain for damages occasioned by French privateers 
within the jurisdiction of Spain, and of the surprise which the notice 
of such a demand from the United States has occasioned to France; 
for.this purpose, 1 shall copy, for the information of your excellencies, 
the expressions made use of in the latter part of a note, under date of 
the 27th July, 1804, written by the French minister of foreign affairs, 
to the ambassador of his catholic majesty at that court. 

The French government erroneously believed that Spain had. 
gone so far in her condescensions to the United States, as to make her- 
self responsible for the said indemnifications, and in consequence, the 
French ministers of foreign affairs explained himself in the following 
manner: " And certainly if I had been informed that the ministers of 
his catholic majesty had carried their condescensions towards the go- 
vernment of the United States so far, as to engage Spain to be res- 
ponsible to it for the indemnities for pretended violations made by 
France, I should most assuredly have received from my government 
an order to manifest the discontent which France would have expe- 
rienced by a condescension so improper; a discontent that would have 
been more strongly expressed towards the government of the United 
States, than towards Spain; besides, the explanations which have al- 
ready been given to your court on this subject, (alluding to the com- 
munication of the ambassador Bonaparte,) and those which I have au- 
thorized to be again made to the government of the United States, by 
the charge d'affaires of his* imperial majesty ought to leave the pre- 
sumption that from the opinion which his majesty has adopted on this 



36 [155] 

question, that as it has already been the object of a long negotiation, and 

of A FORMAL CONVENTION BETWEEN FRANCE AND THE UNITED 

states, it cannot again become the subject of a new discussion." 
The expressions of the French minister are clear and pointed, 
and pourtray in a Convincing manner, not only that France has satis- 
fied the United States for the damages which they pretend to ciaini 
from Spain, but also, the just surprise which has been caused to his 
government, by the notice of such pretensions on the part of the 
United States, pretensions which are directed to obtain a double in- 
demnification for one and the Same debt. 

Under this supposition, and continuing the order we proposed, 
to fix. in the first place, the rights of each nation, upon each one of 
the points in controversy, I will proceed to tha« of indemnifications, 
which \ our excellencies reclaim for the suspension of the rights of 
deposite at New Orleans. To determine whether Spain is, or is not, 
responsible f r the damages which your excellencies suppose to have 
been sustained by the citizens of the United States by the suppres- 
sion ol the deposite at New Orleans, in consequence of the edict of 
the intendant of that city, it i3 necessary to examine what are those 
damages and from whence they have arisen The edict of the in- 
tendant of New Orleans, suspending the deposite of American pro- 
duce in that city, did not interrupt, nor was it the intention to inter- 
rupt the free navigation of the Mississippi, consequently, these pre- 
tended injuries are reduced to this small point, that, for a short time, 
the vessels loaded in the stream, instead of taking in their cargoes at 
the wharves: this obstruction' will appear still less, when we consider, 
that during the great part of the time that the deposite was suspend- 
ed, it was in the middle of winter, when the exportation of produce 
from the western parts of the United States, by the Mississippi, is 
very inconsiderable. If the erroneous opinions which were formed 
in the United States upon the occurrences at New Orleans; if the 
complaints published in the papers of your country, as false as they 
were repeated, that the navigation of the Mississippi was interrupt- 
ed; if the virulent writings by which the public mind was heated, and 
which led to compromise the American government, and tarnish the 
good name of that of Spain, were causes that the inhabitants of the 
western territory of the United States could not form a correct idea 
of xvhal passed at JSTezv Orleans, and if in this uncertainty they were 
disappointed in the extraction of their produce, or suffered other in- 
conveniences, they ought to attribute the same to internal causes, 
which originated in their own country, such as the writings before- 
mentioned, filled with inflammatory falsehoods, the violence of en- 
thusiastic partizans, and other occurrences, which, on those occa- 
sions served to conceal the truth. The government of Spain, so far 
from being responsible for the prejudices occasioned by these errors 
and erroneous ideas, ought, injustice, to complain of the irregular 
conduct pursued by various writers and other individuals of the Unit- 
ed States, which was adapted to exasperate, and mislead the public 



[155] 



37 



opinion, and went to divulge sentiments the most ignominious, and 
absurdities the most false, against the government of his majesty, 
and his accredited good faith. 

Estimate the damages which may have arisen to the citizens of the 
United States, by their erroneous conception of what took place at New 
Orleans, and they will be found to be no other than the trifling incon- 
venience, before mentioned, of their ships loading in a situation not 
so commodious, an inconvenience for which the government of Spain. 
is not responsible, (neither ought to be.) and which does not, in any 
manner, merit to be mentioned,; more especially when it is considered, 
that those who experienced it, had been enjoying the rights of this 
deposite, four years more than was stipulated for in the treaty; and 
this, notwithstanding the great prejudice it occasioned to his majes- 
ty's revenue, by making New Orleans the centre of a most scanda- 
lous contraband trade; the profits of which, it is not improbable, but 
that some of those individuals have, in part, received, who now sup- 
pose themselves injured by said trifling inconvenience. 

After four years more than the treaty expressed, to wit: three 
years, making in all seven years, the intendant thought that it was 
his duty, no longer to permit a deposite, which gave an opportu- 
nity for carrying on a fraudulent commerce, prejudicial to the inte- 
rests of his majesty, for which he was accountable; he thought it was 
necessary that New Orleans should no longer be the place of depo- 
site, on account of those inconveniences, and in consequence, prohi- 
bited the same. 

Before proceeding to such a determination, the intendant ought 
to have asked instructions from his government, but, perhaps he 
thought he might be compromised by delaying this measure. His 
majesty, as soon as he was informed of the edict prohibiting the depo- 
site, was pleased to revoke it, wishing thereby to give another testi- 
mony of his friendship for the United States. What, in strict justice, 
was the deposite at New Orleans? A generous and gratuitous conces- 
sion of the king, my master, for three years. It is true, that his ma- 
jesty agreed, in the 22d article of the treaty, to continue the favor of 
the deposite, if it should be found that no inconvenience resulted 
therefrom; and of this, no person was abetter judge than his majesty, 
and his agents in that colony. If the United States desired, after 
the expiration of three years, to continue the deposite at New Or- 
leans in a less precarious manner, or to have obtained another place 
for the deposite, they ought to have solicited the same; for it is more 
natural that those who aspire to a favor, should solicit it, than that 
those who have the possession of the same, should propose the ces- 
sion, or continuance of it. 

By this, it is not intended to support the edict of the intendant; 
his majesty has disapproved that edict, giving thereby, a proof of his 
friendship for the United States. However, this subject ought not 
to be treated on, in the light of exacting indemnifications resulting 
from it, but should be examined, to see, if in strict justice, the inten* 



38 [155] 

dant or the Spanish government, could, or could not, prohibit the 
deposite at New Orleans, four years more than the three stipulated 
in the treaty having expired, and, during which time, the royal trea- 
sury experienced the most serious prejudice. Most certainly the in- 
tendant had a right to prohibit the deposite; and consequently, the 
government of Spain cannot be responsible in this point; and this re- 
flection acquires a double weight, if we consider the trifling inconve- 
nience occasioned by the true effect of the said edict, of its short du- 
ration, and, on the other hand, the serious damages which the king's 
revenue has experienced, by the continuance of the deposite for four 
years over and above the term stipulated in the treaty. 

I think your excellencies will be convinced of the force of these ar- 
guments, and it is to be desired, that in consequence of what I have 
represented to your excellencies, and to Mr. Pinckney in particular, 
upon the various points of indemnifications reclaimed by your go- 
vernment, we may now be of the same opinion, and proceed to fix 
the rights of each nation on the other question relative to the limits 
of Louisiana, which is in its nature, different; because, to leave the 
first points in dispute undecided on, and even without discussing 
their merits, cannot but augment the confusion of the business, for it 
is very difficult to settle, in an amicable manner, the whole of the 
points in dispute, there being an essential difference of opinion on 
some parts of them. 

I am also disposed to enter into discussion upon the limits of 
Louisiana; but, in the manner proposed by your excellencies, and 
adopted by me, in my note of the 31st ultimo, to wit: to fix in the 
first place, the rights of each country, and then proceed to such ne* 
gotiations as may be convenient to both nations. 

AVith demonstrations of my most distinguished consideration* 
I renew to your excellencies my desire of serving you, and ask of 
God that he may preserve your lives many years. 

(Signed) PEDRO CEVALLOS. 

Messrs., Pinckney & Monroe. 

Aranjuez, 16th February, 1805. ' 



No. 8. 



Messrs. Pinckney and Monroe to Don Pedro Cevalhs. ' 

Jlranjuez, February 18, 1805. 

Mr. Pinckney and Mr. Monroe have the honor to present their 
compliments to his excellency Don Pedro Cevallos, and request that 



[155] 



39 



he will be so good as to honor them, to morrow, with a conference, 
or at such other time as maybe more agreeable to him. They 
think proper to ask this conference, in consequence of the note of 
his excellency of the 16th instant, received this morning, which ap- 
peared calculated to put a prompt end to the negotiation, and that 
not in an amicable manner. They are desirous of obtaining it be- 
fore they give an answer to that note, in the manner which their re- 
cent instructions make necessary, to see if it is yet possible to ar- 
range amicably the differences which subsist between the two comv? 
tries. 



No. 9. 



(Translation.) 

Don Pedro Cevallos to Messrs, Pinckney and Monroe, 

February 2i, 180& 
GENTLEMEN, 

In my note of the 46th instant, I informed your excellencies that 
after having examined the points relative to the indemnifications 
claimed by the United States, I should be equally disposed to enter 
into discussions upon the limits of Louisiana. In this mode of pro- 
ceeding I follow the plan laid down in your excellency's first note, to 
wit: first to fix the rights of each nation, and then proceed to such 
negotiations as may be proper for both. 

On my part, I continue to follow this plan; a plan which is so 
conformable to the wishes of both governments, and so well adapted 
to the purpose of terminating amicablv their differences. We will 
now begin the examination of the limits of Louisiana, whose boun- 
daries, by their nature, are divided into parts essentially distinct, and 
for this reason we will examine them separately. They are— the 
limits of Louisiana, on the east, or side of the Floridas, and its boun- 
dary on the side of the interior provinces of New Mexico. The first 
shall be the object of this letter. 

If the declaration of the act of Congress, of the 24th February, 
©f the last vear, had not anticipated the declaration of the pretensions 
of the United States, to extend the limits of Louisiana, on the east, 
as far as the river Perdido* including within them the greater part of 
West Florida, I should have been surprised to have seen this preten- 
sion manifested in the first note of your excellencies. Ie appears as 
if the title alone of the treaty, by which his majesty relroceded homsx- 



40 [155] 

ana to France, and to whose title the United States have succeeded, 
was sufficient to banish even the most distant idea, that his majesty 
had. by it, ceased to be the proprietor of West Florida, a province 
which Spain never received from France; for the possession of 
which she was only indebted to the valor of her arms, many years be- 
fore the acquisition of Louisiana; and never having received it from. 
France, it could not be included in a treaty founded entirely on the 
principle of retrocession. But. as notwithstanding this reflection, so 
obvious and clear, the United States pretend to stretch the limits of 
Louisiana to the Rio Perdido, I find myself under the necessity to 
manifest more fully the solid and unshaken principles by which the 
king, my master, founds his right to the possession of the province 
of West Florida. 

By the treaty of sale of Louisiana, signed at Paris, 30th April* 
1803, the United States have acquired the right which France held 
in virtue of the retrocession of that province, made to her by his ca- 
tholic majesty, at St. Ildefonso, 1st October, 1800. The stipulation, 
which ought to serve to found the pretentions of the United States, 
cannot be any other than the 3d article of the treaty of retrocession, 
which is in these terms. (See the 3d article of said treaty.) 

The first thing which calls our attention in explaining the said 
article, is the expression reirocede, and which also serves to denomi- 
nate the treaty of St. Ildefonso, called the treaty of retrocession. 
The sense of this expression is obvious; it cannot be misinterpreted 
or confounded. Its meaning is evidently this: that his catholic ma- 
jesty returns to France the territory which he had received from her* 
Now let us examine if France put Spain into possession of the terri- 
tory which occasions the present discussion. It is without a doubt, 
that by the treatv of 1763, it was agreed that the separation between 
France and England, of their possessions in that quarter, should be 
by a line through the middle of the rivers Mississippi and Iberville, 
ana the lakes Maurepas and Pontchartrairi to the sea; consequently, 
France ceded to England the river and port of Mobile, as well as all 
her other possessions on the east of the Mississippi, the island and 
city of New Orleans excepted. From that time this territory formed 
a part oi the possessions of the English, under the name of West Flo- 
rida, and France lost all claim and title to it. Thus it became an 
Mjfglish possession, and during the war of 1779, Spain conquered 
from England all that the latter possessed, by the title of West Flo- 
rida; and in the definitive treaty of 1783, England ceded to Spain, 
under a guarantee, both Floridas. It is then seen, by this plain 
and simple exposition of facts, that the title by which Spain holds 
possession of the territory, on the east of the Mississippi, called West 
Florida, was acquired to her by the right of conquest, at the expense 
ol her treasures, and the blood of her soldiers, and also by the cession 
made by England, under the treaty of 1783. From that time, the 
title of hpain to the possession of that territory, is entirely indcpt ndtnt 
,of France, and of the. cession of Louisiana made by her; and, conse* 



[155] 



41 



quentty, Spain could not give back to France what she had not re- 
ceived from her. We will continue the discussion on the 3d article 
of the treaty of St. Ildefonso. 

In the first place, it is said that his majesty retrocedes Louisiana 
with the same extent of territory which it now has in the hands of 
Spain. This expression confirms, most explicitly, the right which. 
Spain preserves over the said territory, to the east of the Mississippi; 
because it is well known that Spain possesses West Florida, not 
as Louisiana, but as Florida. This circumstance, so notorious, is 
confirmed by the title of the governors of the Havanna, who, in their 
characters of captain generals, have always governed under the title 
of Captain Generals of the Two Floridas; and by all the most authen- 
tic public acts, which have passed since his majesty has been in pos- 
session of said territory, this title has been preserved. It will be 
sufficient to mention the treaty concluded between his catholic ma- 
jesty and the United States, in 1795, in the 2d article of which we 
read the following conclusive words: u That the southern limits of 
the United States, which separate them from the Spanish colonies of 
East and West Florida, &c." It is then proved, in the most authen- 
tic manner, the separation of West Florida from Louisiana, and their 
different appellations; and it is a thing generally understood that 
names of countries, bartered, ceded, or retroceded, by a treaty, 
should be considered according to the general acceptation existing at 
the time of making the treaty. It is clear that if in that of St. Ilde- 
fonso, it had been wished to include West Florida, it would have 
been expressly mentioned by the name which authenticates it, and 
under which it is generally known; for, it would be ridiculous to have 
given the name of Louisiana to that territory, because it had once 
formed a part of that province; as much so as it would be at present 
to call the state of Ohio, Louisiana. Consequently, no doubt re- 
mains that, as his majesty was in possession of the said territory, 
under the name and quality of West Florida, it could not be included 
in Louisiana, because it was in the hands of Spain, on the 1st October, 
1800, the epoch of the treaty of St. Ildefonso; and because the be- 
forementioned clause of the 3d article, in its natural and explicit 
sense, excludes France from a right to West Florida. 

The 2d clause or expression of the same article, and which it had 
when France possessed it, alludes only to the manner in which France 
possessed it in 1763, when she delivered it to Spain; for if any other 
sense is given to it, that expression cannot be consistent with the an- 
terior, which says s with the same extent which it now has in the hands 
of Spain; for if, in the second clause, a greater extent should be given 
to Louisiana, than that which it had in the hands of Spain, how could 
it be with the same extent which it had in the hands of Spain? It is 
repugnant to common sense, that the delivery had to be with the same 
extent and with more extent; it being with more, it could not be with 
the same. It is then clear, that the obvious sense of both clauses to- 
gether, and the only one which is not absurd $nd contradictory, is the 

17 



42 [155] 

following: that Louisiana was retroceded with the same extent It had 
in the hands of Spain in 1800, and that which it had when France 
possessed it and gave it up to Spain. The expression, when France 
possessed it, not making a fixed time, it is clear, that it ought to be 
determined by the clauses of the same treaty, and interpreted in 
terms which will not give an absurd sense, or contradict the other ex- 
pressions of the same article. Since, if we should admit the expres- 
sion when France possessed it in all its latitude, it would result, that 
Spain had obligated herself by the 3d article, to give France a part of 
the state of Kentucky, and all the state of Ohio and territory of Indi- 
ana, and that France should hold a right by the treaty of St. Ildefon- 
bo, to resell said states as a part of Louisiana when France possessed it, 
and also to prohibit the navigation and the deposite to the Americans, 
because that France had to receive Louisiana as she possessed it; ab- 
surd reasoning, which does not merit to be refuted, and which arises 
in consequence of the undefined latitude which it is pretended to 
give when France possessed it. It is a principle incontrovertible of 
the law of nations, that treaties should not receive an odious or ab- 
surd interpretation, especially when they admit a clear and simple one. 
It would be both odious and absurd, to suppose that Spain had ceded 
Louisiana to France, with all the extent with which she had possess- 
ed it at an epoch anterior to the treaty of 1763, for it would thence re- 
sult, that she had engaged to give to France part of the United States, 
as before mentioned, and it would be equally absurd on the part of 
France, because she abandoned, by the treaty of 1763, all her rights 
and pretensions to the country east of the Mississippi, tc Great Bri- 
tain; and by her treaty of 1778, with the United States, she was bound 
in such a manner, that she could not acquire a territory to the east of 
the Mississippi, without the consent of the United States, and only 
by thai of conquest. At the same time, it would do very little honor 
to the United States to maintain an interpretation, the consequence of 
which, would make it appear, that that part of the United States form- 
ed by the Ohio and a part of Kentucky and Tennessee, might be com- 
prehended, and become the object of stipulations and cessions between 
two foreign powers, such as France and Spain, who have no right to 
meddle with them. 

The 3d clause of the 3d article of the treaty of St. Ildefonso, is 
still more decisive, and offers other arguments in favor of Spain^ 
since it says, and such as it ought to be, according to subsequent treaties 
between Spain and other powers. The treaties that are here Indicat- 
ed, are not, or can be, other than those of 1783, between Spain and 
England, and of 1795, between Spain and the United States. By the 
first, his majesty acquired the territory east of the Mississippi, under 
the name of West Florida, and consequently, to be as it ought to be 
since the treaty of 1783, is with the exclusion of a territory acquired 
at that period, and with a name so different. By the 2d, his majesty 
permitted the deposite, and fixed the limits between Louisiana, the 
Floridas, and the United States; to be as they ought to be ajter the 



[155] 



45 



treaty of 1795, is with the exclusion of France to the rights acquired 
by the United States in this treaty. And thus, as the treaty of St. U- 
defonso could not affect the rights which the United States acquired 
by that of 1795, so neither did it affect, or could it affect, the right ac- 
quired by his catholic majesty, by the treaty of 1783, with England. 

It would be unnecessary to accumulate more proofs in a case so 
clear in its nature, but I cannot but mention to your excellencies, in 
support of the unquestionable right which Spain has to the territory 
in question, the respectable and undeniable opinion of the celebrated 
geographer of the United States, Mr. Ellicot, whose knowledge and 
talents occasioned his being named by the government of the United 
States, to run the line of division between the said states and the 
Spanish provinces on the south of them, according to the treaty of 
1795. This person, who, perhaps, has more knowledge of what re- 
lates to the territory in question, than any other, in the preface of his 
work, published in 1803, under the title of the " Journal of Andrew 
Ellicott 3 late commissioner in behalf of the United States, &c. &?c." 
speaking of the sale of Louisiana made by France, he says, under 
date of u Lancaster, 22d July, 1803," '* It does not appear by the ces- 
sion of Louisiana to the United States, we obtain the whole of both 
sides of the Mississippi, for by consulting number 5, of the maps, it 
will be seen that the island of New Orleans, which lies on the east 
side of the Mississippi, only extends north to Manchac; from thence^ 
northerly along the east side of the river, to the southern boundary 
of the United States, is still held by his catholic majesty, as a part of 
West Florida. 5 ' And lower down, he says " the important and 
safe harbors in both the Floridas, still remain in the possession of his 
catholic majesty. 5 ' These expressions so notable, corroborate and 
confirm, in the most positive manner, the incontestable right of his 
catholic majesty to all the territories which are on the east of the Mis- 
sissippi, under the line of the 31st degree, excepting the island of 
New Orleans. 

Besides what has been said, it cannot be doubted that the treaty 
bf retrocession of 1800, was a contract between Spain and France, 
and consequently, it was for France to have represented, in case she 
had not received all the territories expressed in that stipulation. And 
it is certain, that the prefect Lausat, charged to carry into effect the 
treaty, being perfectly instructed in it, and being possessed with the 
intentions of his government, has expressed himself satisfied with the 
manner in which it was carried into effect, without his having been 
put into possession of the territory in question. Thus the United 
States, who have succeeded to the rights of France, have no motive 
whatever to pretend to what France has thought did not belong to 
her* 

I could, by an accumulation of more and more proofs, establish 
in different ways, the incontestable rights of the king, my master, to 
West Florida; but it appears to me, what has already been said, is 
sufficient, so as not to leave a doubt in the mind of any one that will 



44 [155] 

examine the question impartially, not even in the mind of such as 
Ellicot, who, notwithstanding the love he bears to the government 
that employed him, and in whose favor he has wrought, could not do 
less than give that just homage to truth and justice, which they me- 
rit. 

With assurances of my distinguished consideration, I remain* 
praying to God that he may preserve your lives many years. 

(Signed) PEDRO GEVALLOS. 

Ho Messrs. Finckney &P Monroe, 
Aranjuez, 2Uh February, 1806. 



No. 10. 

Messrs-. Finckney & Monroe to Don Fedro Cevallos. 

Mr. Pinckney and Mr. Monroe present their compliments to his 
excellency, Don Pedro Cevallos, and have the honor to enclose to 
him their answer to his note of the 16th, which was prepared and 
intended to have been sent yesterday. They avail themselves of the 
opportunity to acknowledge the receipt of his excellency's note of the 
24th, received last night, respecting the eastern limits of Louisiana, 
to which they will pay immediate attention* 

Aranjuez, February 26th, 1805. 



No. 11. 

From the same* to the same. 

Aranjuez, February 26th, 1805. 
SIR, 

We have the honor to acknowledge the receipt of your excellen- 
cy's letter of the 16th instant, whose contents and tone, have equally 



[155] 



45 



surprised us. We should consider ourselves failing in the respect 
which we owe to our government, if we did not express our senti- 
ments on it, in both respects. In so doing it is necessary to review 
concisely, what has already passed between us. 

Your excellency will recollect that in our interview which took 
place immediately after Mr. Monroe had the honor of being received 
by his majesty, that the objects of his mission were fully communi- 
cated, and that it was agreed that we should present to your excel- 
lency a project for the adjustment of every point, to which you were 
so good as to promise an early and explicit answer. In compliance 
with that arrangement, we did present to your excellency, on the 28th 
ultimo, the project which we had promised, in which we stated fully 
the views of our government, with its opinion of the rights of the 
United States on each point, which we illustrated, in those cases 
whieh had not been already exhausted, and of course, where illustra- 
tion could be necessary, or was even likely to be agreeable. We had a 
right to expect, and we did expect, an answer equally full and expli- 
cit to every point. In this, however, we were disappointed* On the 
claims to indemnity for injuries, your excellency thought proper, it 
is true, to intimate, in respect to spoliations, that his majesty was wil- 
ling to ratify the convention of August 11th, 1802, after the obstacles 
which occasioned its postponement should be removed; and, in res** 
pect to that arising from the suppression of the deposite at New Or- 
leans, that Spain was not accountable for them, but without giving 
any reason for the assertion. On the great question of territorial 
rights and limits, as on the mode of providing for their security, and 
with it the peace and harmony of our governments, on which we did 
ourselves the honor to make to your excellency, what we deemed li- 
beral and salutary propositions, we received what could not be consi- 
dered as an answer, since it neither rejected our propositions, offered 
others, or expressed any sentiment respecting them. If it was proper 
to open the whole subject, as was admitted in our first interview, it 
was equally so to answer it. And that it was proper to do so, is not 
only proved by the agreement referred to, but by the situation of the 
two countries at the present time. The several points are, it is true, 
in their nature distinct, yet it is obvious, that the whole must be 
brought into view, and settled together. We do not perceive the 
means, nor has your excellency suggested them, of adjusting a part, 
and leaving the others unfinished. 

Although we could not but be hurt at receiving an answer so 
vague and unsatisfactory to our letter, yet we deemed it inconsistent 
with the respect we owed to both governments, to your excellency, 
and to ourselves, as with the spirit of conciliation which we wish to 
preserve through the negotiation, to express that sentiment. We did 
more; we met the invitation which your excellency seemed to give 
us, without, however, furnishing the example, by proceeding to ex- 
plain further, the views of our government, and illustrate its rights on 
the two points, on which you had given any opinion. The claims 



U [155] 

to compensation for injuries arising from spoliations on our corn* 
inerce, and the suppression of the right of deposite at New Orleans, 
had long been before our governments, and their merits were well 
understood. That for spoliations more especially, had been so fully 
and amply discussed, both here and in the United States, as to leave 
no doubt that such discussion was not necessary to enable either party 
to make up its mind on it. By entering into it, therefore, we gave 
your excellency a convincing proof of our desire to accommodate 
with your wishes, in the hope that it would produce on your part, a 
correspondent result. We flattered ourselves, that, as the whole sub- 
ject was again presented to you, in all its points, with the explana* 
tion which you had invited on the two first, we should have received 
a full answer from his majesty's government on each, and of course 
on the whole. In this, however, we were again disappointed We 
received, in substance, only the same proposition which had been 
liiade to us before, which we had, as we presumed, clearly proved to 
be incompatible with the rights of the United States, and the princi- 
ples ot justice, and which, as we had taken the liberty to inform your 
excellency* the repeated and recent orders of our government prohi- 
bited us from accepting. Under these circumstances, we considered 
it our duty to acquaint your excellency respectfully, that we deemed 
it useless and improper to prolong the discussion on that point; at 
the same tims requesting you to be so good as to communicate the 
sentiments and propositions of his majesty's government on the 
whole subject, that we might see whether it would be possible, while 
We avoided discussions of an irritating tendency, to adopt some plan, 
which, by a general arrangement, might provide for this, as well as 
the other objects, and thereby render justice in the most acceptable 
manner to all parties. To this proposal, the most respectful and 
friendly that we could make, one which is warranted by the uniform 
practice, in similar transactions and cases, of all powers, especially 
the most friendly to each other, we received a letter which is address- 
ed in a very different spirit. By it we are charged with refusing to 
discuss points, which we had already discussed, and on which we 
had given to your excellency our ulterior opinion; our government is 
charged with the dishonorable attempt to obtain a double indemnity" 
for the same object; many of our citizens are denounced as unprin- 
cipled contrabandists; and others, if not the whole nation^ as enthu- 
siastic partizanSj calumniators, and disfigurers of truth; for in res- 
pect to the suppression of the deposite at New Orleans, all America 
had but one opinion, and spoke with one voice; in the article of the 
press, the freedom of our internal institutions, which all nations have 
a right to regulate, and do regulate, as suits themselves, is attacked; 
the right of the intendant to suppress the deposite at New Orleans^ 
is justified, and tHe right itself, though stipulated and made perma- 
nent by a solemn treaty, a stipulation which had its equivalent in the 
other articles of the same instrument, and was otherwise prompted 
by the law of nature, of reason, and the interest of Spain, is represent* 



fl55] 



4f 



$d as a gratuitous or charitable donation to the tJnited States, which 
his majesty had a right to suppress, and keep suppressed till their 
government should implore him to open it to them again. On this 
note, we think proper to observe that it was impossible for us to have 
received one which could have been more unexpected ? It was the 
more so, because in all our communications we had been studious, 
in obedience to the orders of our government, orders which we exe- 
cuted with pleasure, to manifest its high respect for his catholic ma- 
jesty, and we were not conscious of having failed in that which we 
entertained for your excellency. 

We forbear to make any further comment on the tone of this last 
note at present, because it is probable it may convey sentiments which 
are not entertained. We are aware, that in the zeal of an important 
discussion, incidents of that kind often occur, and are prompted by- 
patriotic motives, even with those who are the most guarded. We 
trust that the character of the American government and people, 
which is well known, and we flatter ourselves, held in just estimation 
by other powers, will not be injured by the spirit of conciliation and 
moderation which animates us on this occasion. On the presump- 
tion therefore, that no premeditated outrage was intended, and with a 
sincere desire to adjust amicably the differences subsisting between, 
our countries, we will proceed to answer the several objections urged 
in your excellency's last note, to what we consider to be the just 
claims of our government. 

Your excellency insists, that his catholic majesty is not answera- 
ble for the spoliations that were committed on the commerce of the 
United States, within the jurisdiction of Spain, in the course of the 
last war, by French cruisers and tribunals; and you urge in support 
of the doctrine, 1st, that those claims were satisfied by the treaties 
which have taken place between the United States and France; 2d, 
that Spain was not in a situation to prevent those aggressions on our 
commerce. We will examine with candor both these pretentions, 
which we are persuaded, it will be easy to show, are unfounded. Two 
treaties have latterly taken place between the United States & France; 
the first, on the 30th of September, 1800; the second on the 30th of 
April, 1803. Permit us to ask,by which of these was such extinguish- 
ment made? If by the first, it is not likely that the subject would 
have been thought of in the second; if the second is relied on, it is an 
admission, that it was not done by the first. Your excellency seems dis- 
posed to rely on both, which cannot be considered otherwise, than as 
a proof that neither alone had done it. It is equally obvious, that it 
was not done by both together, since, whether we examine them se- 
parately or together, they expressly preclude the idea. 

By article 2d of the convention of 1800, between the United 
States and France, it is agreed, for certain considertions therein spe- 
cified, to postpone their respective claims to indemnities to a more 
convenient time, and by the ratification of that convention, those 
claims were relinquished for ever, on both sides. 



48 [155] 

By article 5th of the same convention, it is agreed, that certaia 
specified claims or debts should be recoverable in the same manner, as 
if no misunderstanding had taken place between the parties. 

By articles 1st and 2d of the second convention, entered into on 
the 30th of April, 1803, provision is made for the payment of the 
debts which were comprised under the 2d and 5th articles of that of 
1800, whose amount, it was expressly stipulated, should not exceed 
twenty millions of livres. 

These are the only articles in those conventions, which have any 
reference to the point in question. If the claim of the United States 
on Spain, for French spoliations and condemnations within her juris- 
diction, was satisfied by the treaties and conventions between the 
United States and France, it was by one of these articles. We will 
examine first that pretension, as founded on the second article of the 
convention of 1800. On a view of that article, and indeed of the 
whole instrument, we find that it regulates only questions and inter- 
ests that were depending between the United States and France. A 
misunderstanding had unhappily taken place between those powers, 
and it was the object of this convention to adjust it. Not the most 
distant allusion is made, in any article of the convention, to Spain or 
her concerns. Had Spain then been a party to that misunderstand- 
ing, she could not have been benefitted by that convention. The rea- 
son is much stronger why she could not, as she was not a party to it, 
since there was no variance, and there certainly was none between 
the United States ?.nd Spain, it is more evident, that it could not have 
been in the contemplation of the parties to adjust what did not exist. 
It may be added, that if it had been contemplated to release Spain 
from any obligation which she owed to the United States, from any 
just claim which they had on her, the release would have been com- 
plete; it would have extended to every object, especially of the same 
kind, and settled every ground of difference between them. The fact 
however, is admitted by all parties to be otherwise. It has never been 
contended by Spain, that the spoliations which were committed by 
her own people were satisfied by that convention. Hence, it is clear 
that Spain was not discharged from the claim of the United States for 
French spoliations, committed within her limits, by the second arti- 
cle of the convention of 1800. It is equally clear, that she was not 
discharged by the 1st and 2d articles of the convention of 1803. It is 
evident, on a slight view of these last articles, and indeed of the whole 
instrument, that they had no other debts in contemplation, but those 
which were made recoverable by the convention of 1800: that in truth, 
the convention of 1803, did no more than provide funds for the pay- 
ment of the debts that were due under that of 1800. Thus the claim 
of the United States on Spain for these spoliations, was not discharg- 
ed by this last convention. Other circumstances prove clearly, not 
only that this claim was not discharged, but that a provision or dis- 
charge oi it by those conventions, was not even contemplated by the 
parties to tbem. It is very well known, that the government of the 



[155] 



4$ 



United States never made a demand on that of France for the pay- 
ment of these spoliations; that it always claimed the payment of Spain 
and her only, considering her only as responsible for them. It is not 
presumable, that the parties should intend to provide for a claim not 
made, for a debt not supposed to be due. The conduct of Spain 
through the whole of this epoch, corresponds with that of the other 
powers in this respect. The minister of the United States at Madrid, 
pressed the government of Spain for an indemnity for that and other 
claims. Had it been contemplated by Spain to obtain her discharge 
through the medium of France, her ambassador at Paris would have 
been seen in both those negotiations, especially that of 1800, and had 
he succeeded, a provision to that effect, in explicit terms, would have 
been introduced into that convention. But nothing of this kind took 
place. Indeed, the success of such an attempt was so improbable, 
that it is not presumable that the idea ever occurred. With the claims 
that where in the contemplation of the parties, and for which France 
was truly answerable, it was difficult to accomplish an amicable ad- 
justment of their differences. Had these been swelled by the addi- 
tion of those on Spain, it is probable that the negotiation would have 
proved abortive. It was not till some years afterwards, that this pre- 
tension on the part of Spain was heard of; and then it was founded 
on a pretext as singular as it was unexpected, that of her being releas- 
ed by a treaty between the United States and another power, in which 
she was not even mentioned. With respect to these claims having 
been discharged by the convention of 1803, it has already been shown, 
that that convention could not, by any possible construction, be con- 
sidered as having any reference to the subject; it may be added, that 
the funds provided by it, were not only intended for other objects ex- 
pressly stipulated, but that there is reason to think they are not corn* 
mensurate with those objects. 

As to the pretension that Spain was released from this claim, by 
the release made to France of other claims of a similar nature, it 
is easy to prove, that it has not the slightest foundation. It has al- 
ready been shown, that France was not released from this claim, be- 
cause it was never made on her. We shall proceed to show, that it 
was properly made on Spain, and that she was and is still answerable 
for it. 

It will not be controverted, that it is the duty of every independ- 
ent state, to observe that the citizens or subjects of every other indeT 
pendent state, are secured in their intercourse with it, in the enjoy- 
ment of all the rights and privileges to which they are entitled by the 
law of nations, and treaties with such power. This principle forms 
the basis on which the whole system of public law rests* It is the 
standard by which every question between independent powers must 
be examined, and their respective rights in all cases settled. 

It is equally true, that for every violation of those rights on the 
citizens or subjects of one independent state within the jurisdiction of 
another, the government of the latter is responsible, whether the same 
13 



SO [H5] 

be committed by its own people, or those of another power. The 
reason of this rule is obvious Every government being sovereign 
within its own limits, the subjects of every foreign power are regard- 
ed there for the time, as its own subject, and as such it is responsible 
for their conduct. While such government retains its independence, 
it cannot divest itself of this dutv, or the obligation to discharge it. The 
principle is the same, whether such acts be performed bv the private in- 
dividuals of a foreign power, or its public agents In the latter case, 
indeed, the claim to an indemnity by the party injured, on the govern- 
ment under whose jurisdiction it was received, is stronger, since be- 
ing done under color of public authority, and especially if persevered 
in, they become the acts of the government itself. These principles 
are too well established by writers on the law of nations, to require 
further illustration. 

Hence, it appears clearly, that Spain was answerable for French 
spoliations committed under her jurisdiction, in the same manner as 
if they were committed by her own people. To her then, the Ame- 
rican government was bound to look for reparation. Whether France 
was eventually liable or not, it is not material to enquire. Where 
was the injury rendered? What government had cognizance of the 
case? Whose laws were violated by the proceeding? or by whose 
laws was the injury permitted, or what amounts to the same thing, 
suffered? By that government is the reparation due, and by it ought 
it to be made. If Fiance has actually paid any of those claims, such 
payment will of course, be considered as a discharge. That the suf- 
fering- individuals may have applied elsewhere and every where to 
save themselves from ruin, or rather retrieve themselves from it, is 
possible-; but neither will the course which their distresses may have 
compelled them to pursue, nor will the fortune of some particular ap- 
plicants, in case any have succeeded, affect the merits of the present 
question, It is known, that the sentiments and conduct of the Ame- 
rican government have invariably been the same on it. It has thought, 
in every stage, that Spain was responsible for those spoliations and 
it has uniformly sought the indemnification of her, and of her alone. 

If France was responsible for those claims, the injuries having 
proceeded from her officers and agents, it was only eventually, in case 
satisfaction was not obtained of Spain; for, as already shown, having 
been committed under the jurisdiction of Spain, where she only had 
authority, the redress was strictly due by her. For injuries commit- 
ted by a Spaniard to an American citizen, at Paris, we should not 
think of making application for redress, to the government of Spain, 
nor for like injuries committed at Madrid by a Frenchman, to the 
government of France. The application in bo h cases would be to 
the government having jurisdiction of the territory where the offence 
was committed, and of course cognizance of the case; to che govern* 
menr whose laws were offended and who had the power of redress. 
If France was eventually answerable to us for those claims, which 
we deny, we admit that she was released from them, by the conven- 



[155] 



51 



tson of 1800. But can Spain, who was answerable primarily, if not 
solely, to whom application had been made, to whom it was then, and 
has since been made, claim an exemption from them, under a treaty 
to which she was not a party, and in which her name was not even 
mentioned? We are of opinion, by the uniform, and well established 
doctrine of the law of nations, by the clearest principles of justice, 
that she cannot. 

With respect to the opinions which you have been pleased to 
communicate to us, of the minister of foreign relations and the late 
ambassador of France, on this subject, we have received them with 
the consideration which is due to the very respectable authority from 
which they emanate. We are not willing to believe that they oppugn 
the principle above laid down, or apply to those cases which are justly 
chargeable on Spain, because our government, for the reasons above 
stated, and by the clearest conviction, thinks otherwise. On all trea- 
ties between independent powers, each party has a right to form its 
own opinion. Every nation is the guardian of its own honor and 
rights, and the emperor is too sensible of what is due to his own glo- 
ry, and entertains too high a respect for the United States, to wish 
them to abandon a just sense of what is due to their own. We do 
not believe that the .view which our government takes of this sub- 
ject, was ever presented to that of France, since we are not aware 
that there ever was an occasion for it. By thuse treaties with his im- 
perial majesty, all differences between the United Staces and France^ 
were happily terminated, and the relations of the two countries plac- 
ed on a footing of permanent friendship. In all questions growing 
out of them, in which France and the United States are interested, 
their governments are perfectly of accord We should regret if they 
were not so in the present case, as indeed in all others between the 
United States and Spain. 

As to the doctrine held by certain respectable professional cha- 
racters in the United States, whose opinions have been asked and giv- 
en in this case, that France and Spain were associate parties in the 
injuries complained of, the former as principal, and the latter as ac- 
cessary, we are sorry to be called on to make any remark on it. De- 
licacy for those gentlemen, makes this an unpleasant duty. From 
that motive we will confine what we have to say to the doctrine it- 
self, We will admit that we have not made up our minds to a cen- 
sure of their conduct, since if such an interference is justifiable un- 
der any government, it certainly is so under that where it is their hap- 
py destiny to dwell. In noticing their opinion, we have to observe 
that they have evidently mistaken the case, by applying to nations a 
maxim of local municipal law, which is applicable only to individuals. 
Among nations it is believed that there is no such thing as principal 
and accessary. All are principals, and are to be regarded as such, 
in all their transactions. In case of a war to which there are several 
parties, allies on each side, nothing is more common than for one to 
make its peace, and withdraw from it, It was never contended that 



52 [155] 

an adjustment made by one party, in such a case, or any other, set- 
tled the differences of the other party. The doctrine of principal and 
•accessary, of a release or discharge to one power, by virtue of an ac- 
commodation with another, was never heard of among them. In- 
deed it would be strange, if any one nation should undertake to adjust 
the concerns of another, without its authority. It would be more so, 
if any adjustment between two parties, should be so construed as to 
produce an important benefit to a third, not only without its authori- 
ty, but the knowledge of any one of them. Suppose that an adjust- 
ment made by one of the parties for a third one, should 1 jq highly de- 
trimental to it, would such party be bound by it? Had France, for 
example, stipulated that Spain should pay for all those spoliations, 
and a great proportion of her own, would Spain have allowed her 
right to do so? Ought she then, or has she a right, to claim any ad- 
vantage from a transaction, to which she was not a party, by which 
she could not be bound, and which in its nature, could not be recip- 
rocal? 

With respect to the plea on which the opinion of those gentlemen 
is in part founded, that Spain was not in a situation to prevent those 
violations of her territory by France, and is, therefore, not accountable 
to the United States for the injuries resulting from them, we find our- 
selves precluded, by the high respect which we entertain for his ca- 
tholic majesty, from dwelling on it. We shall be permitted, howe- 
ver, to observe, that we utterly deny the fact. Spain was never plac- 
ed in that dilemma. Having, from very remote antiquity, held a 
very distinguished rank among the powers of Europe, she still enjoys 
it. In her late war with France, nothing occurred which placed her 
in the condition of a conquered nation. Her troops behaved with 
gallantry in the field, and her government obtained an equal, and ho- 
norable peace. If then she did not prevent those violations of her 
territory, it was not because she was not able to do it, but because 
they were sanctioned by some treaty which secured her, in other res- 
pects, an equivalent; or that she chose to permit them, from some 
motive of policy at the time; in either of which cases, she is respon- 
sible to the United States for the same. 

We have thus answered fully, the arguments urged by your ex- 
cellency, against the claim of the United States on Spain, to an in- 
demnity for the spoliations on their commerce, by the cruizers and 
tribunals of France, within the territory of Spain, in the course of the 
last war, and we are persuaded, shown in the clearest manner, that 
that claim is well founded. We should have gone more fully into 
this point in our former notes, had we not believed that it was alrea- 
dy fully illustrated by the communications which had taken place on 
it, between our governments, in the United States and here, to which 
we beg leave to refer, a note of which letter is here annexed. We 
have, however, been happy, at your excellency's suggestion, to re- 
view the subject, being very solicitous to prove, on all occasions, that 
our government makes no claim, which is not founded in justice, and 



[135] 



S3 



being likewise so, to avail ourselves of every suitable opportunity, to 
give new proofs of its respect for, and desire to preserve the most 
friendly relations with his catholic majesty. 

On the point respecting the suppression of the deposite at New 
Orleans, we regret that it is altogether impossible to assent to the 
doctrine which is insisted on by your excellency. On a careful pe- 
rusal of the treaty, we find in it nothing which justifies the idea, that 
there ever was to have been a moment of interruption in the enjoy- 
ment of that right, either at New Orleans, or at some other suitable 
place on the banks of the Mississippi. It is not, it is true, stipulated, 
that in suppressing the existing deposite, and opening another, the 
government of Spain should give notice of the design, and hold com- 
munication with that of the United States on the subject. On the 
other hand it may also be said, with equal truth, that it is not stipu- 
lated, in taking that measure, that that friendly proceeding should 
not be observed, but that his majesty may do it, and keep the depo* 
site altogether suppressed, till the government of the United States 
should make application for the opening of it. In all such cases the 
policy of the measure, the object of the treaty, and the intention of 
the parties, are to govern in the interpretation of it; and by these it 
appears to us to be unquestionable, that another deposite ought to 
have been opened, at the moment the existing one was closed. It is 
on that principle, that the United States consider themselves entitled 
to an indemnity for the injury which was sustained by that measure, 
"What the precise amount of that injury may be, it is not in our power 
to state; from what we have understood, however, it is by no means 
of the trifling nature your excellency seems to suppose it. We have 
not sought as an indemnity for it, any precise slim: We have only 
proposed that it should be referred to the judgment of impartial ar- 
bitrators, on such proof as might be presented before them, to esti- 
mate it; a proposition which we deemed too just and reasonable to 
admit of objection. 

On the subject of limits, and others incident to it, having alrea- 
dy stated to your excellency, the views of our government, we deem 
it necessary only to refer again to our former communications. As 
neighbors, desirous of living together in peace and friendship, it is 
certainly an object of essential importance, to adjust and arrange 
these very interesting points at this time, in a clear, definite and sa- 
tisfactory manner. At an epoch so extraordinary, and big with such 
important events, it may be productive of much harm to leave any 
thing unfinished, and thereby exposed to casualty. In cases of un- 
settled boundary especially, where the pretensions of the parties dif- 
fer, and those of either may 7 be carried, under colorable pretexts, to 
great height, there is always danger, by delay, of their becoming the 
cause of serious controversies, and even of destructive wars, Aware 
of this danger, the President of the United States is sincerely desir- 
ous of averting the evil incident to it, while it is practicable. It is 
with that view that he has sought, by the present negotiation, to settle 



54 £155] 

amicably and finally, all the points depending between the two na* 
tions. The propositions which we have had the honor to make on 
this point, are deemed reasonable and just, and we flatter ourselves 
that they will be so considered by his majesty's government. 

We have now the honor to submit to your excellency, again, the 
fuU view of our government, on all the points depending between the 
United States and Spain, and in so doing, consider it our duty to re- 
peat what we stated in our former notes, that it is equally incompati- 
ble with justice, as it is with our instructions, to enter into any ar- 
rangement relative to claims for spoliations, which does not provide, 
in some equitable and satisfactory mode, for the whole. To reserve 
a right, in respect to those which were committed by French cruiz- 
ers and tribunals, without making any provision for it, could, at this 
stage, be considered in no other light than an abandonment of it* 
"We have forborne to state in detail, the extent of these injuries, com- 
prising in the whole, 272 vessels and cargoes, or the aggravated cir- 
cumstances attending many of them, which have involved in ruin 
many of our most respectable and wealthy citizens, because it has 
been our object rather to heal than to open wounds. It is well known 
that at the time these injuries were rendered to our citizens, there did 
not exist on the part of Spain, the slightest cause of complaint against 
the United States, whose government, peaceable and friendly, has 
borne them with a patience and moderation, of which history furnish- 
es no example in equal degree. Many years have elapsed since these 
injuries were received, during which time, the sufferers have looked 
to their government for reparation without effect. Their last hope is 
founded on this negotiation, and great would their astonishment aud 
disappoint be, if they were told that more than one half of them were 
to be abandoned. We repeat, however, what we took the liberty to 
state, in our letter of the 12th instant, that if it is possible, on being 
possessed of his majesty's sentiments and propositions on the whole 
subject, to provide, by a general arrangement, for this, and the other 
objects, in any mode consistent with our duty, which may be satisfac* 
tory to him, that we shall be happy to do it. 

We beg your excellency to accept, &c» 

(Signed) CHAS. PINCKNEY. 

JAS. MONROE. 

Mis excellency, Don Vedro Cevallos, 

First. Secretary of State, £s?c. Esfc. &?c. 






[155] 55 

No. 12. 

Don Pedro Cevallos to Messrs, Finckney and Monroe., 

GENTLEMEN, 

I have received your esteemed note of the 26th instant, in which 
you reply to mine of the 16tb; and before I make the observations 
necessary in answer to the same, it appears to me indispensable to sa- 
tisfy, by a separate letter the complaints of your excellencies on the 
tone and expressions of my said note. The king, my master,, being 
animated by the most sincere sentiments of friendship and distin- 
guished consideration towards the United States, your excellencies 
will be pleased to do justice to these sentiments of his majesty, and to 
mine^ as being persuaded that I, who have the honor to be the inter- 
preter of them, could have had no design, nor the most remote idea, 
I do not sav to injure^ but even to be wanting in those manifestations 
of consideration and respect for the United States, and their govern- 
ment, to which they are so justly entitled. Commencing with this 
declaration, your excellencies will permit me to examine the different 
expressions of my letter of the 16th, which have given rise to your 
complaints. Your excellencies say, in the first place, that, on mv 
part, I impute to you a refusal to discus- some of the controverted 
points, But if your excellencies will take the trouble to read my noie 
a second time. I hope you will acknowledge that I am far from im- 
puting any thing on that subject, and that I only wished to say on it, 
that wh ie your excellence \ believe it useless, or incompatible with 
your instructions, to continue the discussion upon the indemnifica- 
tions reclaimed for injuries committed by the French privateers, as X 
understood by the expression of your excellencies, "it seems useless 
to prolong the discussions on this point" I found myself obliged tq 
treat ihe subject less extensively than I thought I could, not to mo- 
lest your excellencies too much on it. 1 am far from supposing this 
could involve the smallest disrespect, as it is only reducing it to a clif-? 
ference of opinion, your excellencies believing that the point was suf? 
ficiently discussed, and I, that it wanted to be a little more so> In 
the second place, your excellencies show yourselves displeased, that 
I have expressed that the claim of your government for satisfao 
tion for French spoliations, should go to demand two satisfactions 
for the same debt, which expression, your excellencies believe injuri- 
ous to your governm: nts but your excellencies will permit me to ob- 
serve, that to demand two satisfacti n for the same thing, would be 
dishonorable of the American government, knowing itself already 
satisfied by France, should it still demand satisfaction of Spain; but 
as your government does not believe itself satisfied by France, it can- 
not be dishonorable to pursue its demand of satisfaction of Spain, 



5$ [155'3 

while it continues in the belief that it has not received satisfaction of 
France. Spain, on her part, believes, she has shown that the United 
States have received satisfaction from France, and it is in this belief 
she may say, that the United States claim two satisfactions for the 
same debt; more she cannot say, nor have I said, or meant to say, 
that they claim it with improper designs, knowing they demand two 
satisfactions, or that they believe they demand more than one, in 
which there is nothing dishonorable, although the United States 
might be mistaken, as Spain believes they are, and founds her belief 
in reasons which I have already explained to your excellencies, and 
thinking on this occasion, in exact conformity with the opinion of the 
most enlightened jurists of your excellencies' country. 

In the third place, your excellencies complain, that I have de- 
nounced in my note, many of the United States, as contrabandists; on 
which your excellencies will permit me to observe, that I do not find 
any thing of this in my letter, in positive terms, but in doubtful ones, as 
the expression denotes, it will not be extraordinary; a doubt to which 
the representations of those employed in the royal revenue have gi- 
ven rise, whose truth I do not prentend to guarantee, nor does the 
doubt fall upon many of the citizens of the United States, but upon 
some very small number of them, as they very often use much in 
this sense, although there have been but one or two cases I do not 
see the injury that can arise to the American nation, in expressing a 
doubt that there may have been some individuals concerned in con- 
traband, or giving pretexts to Spaniards to do so, nor have I either 
attempted to discriminate between the two. 

In the fourth place, your excellencies complain, that I have said 
that some of the Americans, carried away by party spirit, have calum- 
niated Spain on account of the deposite at New Orleans, and have 
disfigured what has happened in the capital; and your excellencies 
suppose that 1 designed likewise, in a manner, to attribute this to the 
American nation, the whole of whom, you say had but one opinion 
on the subject of the deposite. On this point I cannot do less than 
feel myself hurt at the construction which is given to my expressions: 
in m\ letter I cannot find a single expression which can have the 
most remote allusion on the subject, either to the American nation or 
its government: it treats only of some individuals, and so far from 
making the least reflection on the conduct of the American nation 
and its g-vernment, during the suspension of the deposite, on the 
contrary, I have afforded many proofs of the satisfaction the conduct 
of the American government has given on that; occasion; notwith- 
standing, it is not less certain what 1 have said, that there were some 
individuals, especially some writers, who published things on that 
subject, injurious and calumniating to Spain, and the result of which 
was that some of the inhabitants of the western states, (as was not 
extraordinary,) not knowing the truth of facts, suspended the ship- 
ping their,products to New Orleans, and suffered other injuries, not 
imputable to Spain. In the first days of the suspension of the depo- 



[155] 



57 



site, it was published by some North American, that the navigation 
of the Mississippi was obstucted: this was a falsehood whose currency- 
was injurious to the good faith of the Spanish government which had 
stipulated for the free navigation of the said river, and at the same time 
Was prejudical to the inhabitants of the western states, who, remaining 
in this uncertainty, did not choose to undertake a voyage of such length 
while there was danger of the outlet being interrupted. Afterwards 
they said, and it was repeated in the writings and speeches of some 
individuals, that the suspension of the deposite, and what they might 
expect respecting the navigation, flowed from France's having influ- 
enced Spain to take upon herself the odium of this measure, that 
France might receive Louisiana free frOm the obligations imposed 
by the treaty of 1795, than which there could be no expressions more 
calumniating and unjust; it being an indubitable fact that in the trea- 
ty of retrocession of Louisiana, of 1st October, 1800, his majesty had 
taken the most scrupulous care to secure the rights of the United 
States, in the clause of article 3d, which says, " telle quelle doit etre 
apres les traites passes subsequemment entre I'Espagne et dutres 
Etats." As to what respected the enthusiastic partisans of whom I 
spoke in my note, your excellencies will permit me to remind you 
that I alluded to the attempts of some of the inhabitants of the west- 
ern states, who (as the public papers then announced,) showed a 
disposition and design to descend to Louisiana with an armed force, 
and without other legitimate authority, to take justice into their own 
hands, on which occasion there now exist in the office of the Se- 
cretary of State in the United States, the representations that his ma» 
jesty's minister made to have such attempts chastised and corrected. 
These are the attempts to which I alluded in ray note of the 16th, and 
on no account to the conduct of the American government and 
nation, which was prudent and just. But can it be denied that the 
consequence of these errors thus published, and which were that 
some or many of the peaceable inhabitants did not carry their 
produce to New Orleans, are not to be, nor cannot be attributed 
to the act of the intendant, but to the occurrence which took place 
in the said country? There is nothing either in my note which has 
reference to the liberty or otherwise of the press, nor with the in- 
stitutions of the American government, which, as your excellencies 
well observe, every government is free to regulate as it pleases; 
but L only insinuated that the writings published with this motive, 
gave to the western inhabitants a wrong idea of what passed in 
New Orleans, and that this was not imputable to Spain, or to the 
edict of the intendant* 

This and this only is all which I wished to say in my note of the 
16th, in which I am extremely sensible that, contrary to ray inten- 
tion, your excellencies have found motives for complaint. To re- 
move which, it appeared to me proper 'immediately to enter into 
this explanation, which although somewhat diffuse, will I hope 
have answered the end I intended. It appeared to me proper to 
19 



58 [155] 

4 

do this in a separate letter, reserving to myself to answer with all 
possible despacth, and brevity the other points contained in your ex- 
cellencies' esteemed letter of the 16th. 

In the interim I renew to your excellencies the demonstrations 
of mv distinguished consideration and esteem. I pray God to pre, 
serve your lives many years. 

(Signed) PEDRO CEVALLOS* 

Jlranjuez, February 28^,1805% 



No. 13. 

From the same to the same* 

Jlranjuez, \th March, 1805. 

GENTLEMEN, 

Immediately after I received your esteemed favor of the 26th 
past, I believed it my duty not to lose a moment in replying to 
the complaints you had been pleased to make on some of the expres- 
sions in my note of the 16th, it not being consistent with my senti- 
ments to let your excellencies remain for a moment in the suspicion 
that I was wanting in any degree in the respect due to the United 
States or its government; or to persons so respectable as your excel- 
lencies, not only in your individual capacities, but as representing 
the government you do. I flatter myself I have removed, by my note 
of the 28th ultimo* all motives for those complaints, but if any doubt 
should still remain on that subject, I am equally ready to satisfy it, 
should your excellencies be pleased to express it. 

This done, I proceed to examine the other points contained in 
your note abovementioned, of the 26th. 

It is certain that in my first letter of the 31st January, I did 
not enter upon the points in dispute between the two governments, but 
it appears to me in the same note I gave the reasons of my proceed- 
ings on this occasion. The object of that note was to show to your ex- 
cellencies, that to my belief it was somewhat premature to begin to 
examine projects of a convention upon all the points without analis- 
ing them first, and fixing the right of each country as far as possible; 
because, as your excellencies well know, before we can proceed to a 
convent on upon the whole, it is necessary to know as distinctly as we 
cam, what are the rights and obligations of his majesty and the United 



[155] 



St 



States. This knowledge of the detail ought to be the beginning of the 
negotiation; because it is clear that, according to the extent which 
they suppose the rights or obligation of each party ought to have so 
ought the convention for the whole to be the' more or less enlarged. 
This is what I believed your excellencies wished to remark in your 
first note, by the following expressions: "each of the depending points 
between the two governments ought to be examined impartially and 
all motives of complaint and inquietude considered and terminated 
amicably, to do which it is necessary to determine the respective 
rights, &c." Understanding it thus in my first note I did nothing 
more than enumerate the points on which it appeared to me w had 
to fix our respective rights, and to request your excellencies opinion 
as to the order in which they should be treated. In my second of the 
10th ultimo, I spoke of the reclamations for injuries commuted by the 
indivduals of both nations, and told your excellencies that his majesty 
was disposed then to terminate this point; and at the same time spoke, 
but not extensively, of the damages committed by French privateers. 
In my third note of the 16th, not to molest your excellencies too much, 
I touched shortly on the same subject, and treated of the damages oc- 
casioned by the suspension of the deposite; and lastly, under date of 
the 24?th, I commenced the examination of the limits of Louisiana, 
with those which relate to the eastern boundary. 

In the context of all those letters together, and of that which I pro- 
mise to transmit, respecting the western limits of Louisiana, I hope 
your excellencies will see I have not omitted entering upon all the 
points contained in your esteemed notes, only with the difference al- 
luded to from the beginning, that it appeared to me most proper and 
clear to treat each point separately, according to its different nature. 

It is true, that to the present time, I have not been able to say to 
your excellencies, as you wish, what is the disposition of his majes- 
ty upon the whole, but the reason is, as I have thought from the be- 
ginning, that it is not possible for his majesty to determine what part 
he will adopt upon the whole, without being clear what are his rights, 
or what his objections on each particular point. This examination 
being made, your excellencies ought not to doubt that his majesty 
will be ready to enter upon such convention as shall be judged proper 
to conclude the claims, and promote the interest of both parties. 
The king wishes tp give proofs of his friendship and good neighbor- 
hood to the United States, and to fix them in the most permanent 
manner. 

Having said this, and proceeding in the order of the notes which 
have passed between us, I must stop to remark a litde on the reflec 
tions which your excellencies have made as to the assertion that 
Spain is persuaded the United States are satisfied for the damages 
occasioned by the French cruizers in her ports and on her coasts. 
Your excellencies wish to know by which of the conventions which 
have been made between France and the United States, Spain believes 
these damages hare been satisfied. I answer, by that of 1600, and 



60 [155] 

by the context of its ratification. In speaking of the 2d convention, 
it is only as your excellencies yourselves sa\ on this subject, an ex- 
planation or compliance with the first, or to go to the point at once, 
one of the reasons which convinces Spain and induces her to believe 
she is not responsible for the damages occasioned by the French 
cnr.zers in her ports and on her coasts, is that it is notorious that the 
United States have agreed with France to consider themselves as sa- 
tisfied for all the damages they have received from her, (France) du- 
ring the last war. 

It is true, in the convention, no mention was made of Spain; be« 
cause, in the manner in which they treated, it was absolutely super- 
fluous to do so, and the high contracting parties considering it so, 
omitted, without doubt, to mention that which by the nature of 
things, could not be less than a necessary and inevitable consequence 
of what they stipulated. Nothing is more common in law, than that 
an act between two parties may be, by its nature, and even indepen- 
dent of the will of the contracting parties, general to a third: For ex- 
ample; if a creditor releases a debtor what he owes, this act between 
the two, is general to the security of the debtor, who, by the nature of 
things, remains released, although no mention is made of him, and 
what is more, although both creditor and debtor have wished that he 
should not be released, because, by the nature of things, it is impossi- 
ble the security should remain 5 when the principal obligation has dis- 
appeared. In the same point of view ought to be considered the ob- 
ligation of Spain, if ever there did exist any from her to the United 
States, with respect to the damages committed within her jurisdiction 
by French privateers. France was the offender, and of consequence, 
the obligation and the act or agreement which released France, ex- 
tinguished the obligation which was one and indivisible, as justly 
observe the learned gentlemen of Philadelphia. The release of this 
claim supposes the same thing as the receipt of satisfaction, and no 
other can be demanded without requiring two satisfactions for the 
same offence, which are the identical words of the said learned gen- 
tlemen (from whose answer I took them, when I inserted them in 
my note of the 16th;j and as the same gentlemen observe, if the power 
A, (that is Spain) was yet responsible, and paid to B, (the United 
States) Spain could then apply to France to be reimbursed, as she 
was the offender, and France would not gain any thing by the release 
of the United States, which would become by this indirect mode null; 
and as it is evident every legitimate act ought to carry with itself 
every thing that is necessary for its validity, it is undoubted that the 
convention between the United States and France, ought to be gene- 
ral to Spain, as much as is necessary for its validity, that is, absolving 
her from her responsibility, if she had any; because, on the contrary, 
by the United States reclaiming against Spain, and Spain against 
France, the latter would, by this indirect mode, have at last to pay 
for the damages occasioned by her privateers. 



[155] 



61 



Your excellencies knowing well the force of this reasoning, at- 
tempt now to establish that Spain is the principal obliged for the said 
damages; that her obligation is not accessary, as presume the learned 
gentlemen of Philadelphia, who, you say, have confounded the case, 
applying the maxims of municipal law to nations, among which there 
is no such thing known as principal and accessary, and finally, your 
excellencies deny that France can be responsible for the damages 
committed by her privateers on the coasts and in the ports of Spain, 
and admit that at the most it can only be eventually so. But I can- 
not, for my part, conceive how these assertions can be supported. In 
the first place, I am persuaded that the principles of universal justice 
on which those learned gentlemen have founded their opinion, is as 
applicable to nations as to individuals. Nations as well as individu- 
als are bound by them. If an individual releases a debtor, nothing 
can be demand of the security; so if a nation confesses itself satisfied 
for a claim it had against another, the same cannot be repeated against 
a third, although she bore a part in the responsibility. The rea- 
son of this is not a principle of municipal law, as you say, but an eter- 
nal and imprescriptible principle of universal justice, which is, that 
two satisfactions cannot be demanded for the same debt. Your ex- 
cellencies say, that among nations they know nothing of such thing as 
principal and accessorial obligations; but I do not agree to this. 
Among nations, as among individuals, they may have accessorial ob- 
ligations by mutual agreement, and.also by the nature of things; since 
if two nations agree in an act from which results responsibility, for 
example, an injury or spoliation, it is indispensable that the reponsi- 
bility and the obligation shall be proportioned to the intervention 
each party had in it; that which committed the injury shall be first re- 
sponsible; that which did not avoid it, when she could and might, 
shall have less responsibility, having had less to do in committing the 
act; and this second responsibility may be called accessorial, or 
eventual, if your excellencies prefer that term; in which I observe 
that if your excellencies acknowledge the possibility that there might 
be eventual obligations between nations, I do not know how you can 
refuse to admit the possibility of accessorial obligations, as to my 
judgment it is the same idea, but only expressed by different words. 
But in the present case, if we were even to suppose that Spain and 
France were not, the first accessary, and the second principal, but as- 
sociated and both being principals, it will come to the same thing, 
the obligation having disappeared by the payment of France, Spain 
remains released, as the obligation was one and indivisible. 

Your excellencies will say that in the case on which we treat, 
Spain was the principal, and not only so, but the only one bound; but 
to me it is inconceivable how Spain can, in any manner, be consider- 
ed as the only one bound; because it is not possible to imagine how 
France, who was not at war with the United States, could seize, 
condemn, and appropriate American property, without incurring 
some responsibility on her part. It would be a case never seen or 



62 [155] 

heard of, and which combats all principles, and is contrary to com- 
mon sense. We will see, at least, if Spain can be saicHo be the prin- 
ncipal obliged. 

It is evident that the obligation which an offender has to repair 
his offence, and the right the offended has to demand reparation, arise 
in the same moment that the offence is committed. Let us apply this 
principle to what has occurred with respect to French cruizers and 
the American vessels. Spain was in alliance with France, and the 
two in war with Great Britain. Of consequence the French had a 
right to arm privateers, and the government of Spain to permit them, 
to arm within her ports. They armed against the subjects of Great 
Britain, but when thev Went out, they committed infractions and vio- 
lated the rights of other nations, and these are things which, in reali- 
ty, the government of Spain neither could foresee or check. It re- 
sults from this, that these offences existed and might exist before 
Spain knew any thing of it, and that of consequence the right of sa- 
tisfaction existed before she had knowledge of the fact, and existed 
against the agressor, which, without doubt, constitutes the principal 
obligation. When Spain might, if at all, with more propriety be con- 
sidered as accessory, was, after her knowledge of the offence: but, in 
reality, she ought not even then to be considered as such, because 
the injury terminated and was compleated by the definitive sentence 
which took place in the tribunals of France, in which they efficacious- 
ly and finally decided the sale of American vessels. In proof that 
the Americans who were injured considered this subject under this 
aspect, we find the tribunal of cassation full of the demands of the 
interested in vessels taken within the jurisdiction of Spain, and that 
these applications are supported, as I am informed, by the officers of 
the American agents in France; but as when they pleased, it is evi- 
dent, that the United States not being in war with France, always had 
the door open to commence their reclamations against her. This 
circumstance, in the present case, constitutes a most essential differ- 
ence: 1st, because the offender not being at war with the United 
States, could not be less than the first, if not the only one responsible 
for the illegitimate aci: 2dly, because the United States had the door 
open to make the demands of the government of France, and thus had 
direct communication with the offender, which could not have been 
the case if war was declared: and 3dly, that Spain not considering 
the United States as in war with France, could not foresee the excesses 
that corsairs, armed in her ports against England, might commit 
against American citizens, nor less avoid the definitive sentences of 
the tribunals of France, which compleated the offence. Besides, it 
is well known, that among civilized nations it is customary to demand 
from privateers, a bond or security, that they shall not cruize except 
against the enemies of the state; and as this bond or securityship 
could not exist but in France, it is a proof that it is there they ought to 
go to seek the responsibility ; that is, in France; and the United States 
having renounced this, or being satisfied for these damages, nothing 
can be demanded of Spain. If upon this point there could remain 



£155] 



63 



any doubt, the positive affirmation of the government of France, 
that they are satisfied, is sufficient to make it vanish. The govern- 
ment of France ought to know, without doubt, what were the offen- 
ces she satisfied, by the convention of 1800, and it is not credible 
she would venture to say it was concluded, without a strong and in- 
timate persuasion and conviction it was so, and which comes with 
great force from a third power, who does not find herself immedi- 
ately interested in the present discussion* as are Spain and the Unit- 
ed States. On the other hand, the affirmation of France is of the 
greatest importance, to establish the rights of Spain in this case; be- 
cause if we suppose, for a moment, that Spain did pay to the United 
States the damages arising from the spoliations of the French priva- 
teers, there is not the least doubt she would immediately apply to 
France to be reimbursed, but she would, in reply, very justly refuse 
the reimbursement, saying that Spain had done wrong to make the 
payment, as France had previously communicated to her that the 
United States had been satisfied. 

1 have not attempted to avail myself of the argument, as your 
excellencies seems to suppose, that Spain could not prevent the inju- 
ries committed against the American vessels, although it was, in a 
great degree, the case, because it was not possible to prevent injuries 
of which we had no knowledge, such as the French privateers com- 
mitted, which were armed in our ports against the English; my de- 
fence is founded in the assertion that the said damages are already- 
satisfied by France, and so did the learned gentlemen of Philadel- 
phia understand it, when in their argument they say: " But even 
leaving impossibilities out of the question, and admitting that the 
power A could have prevented the injury which was committed by 
the power C, but refused or neglected to do it, we are of opinion that 
if the power B has released the same injury to power C, in that case 
the power A is no longer liable to any responsibility in damages, on 
account of its acquiescence." 

I have insisted principally on this method o^f defence, because 
founding it in an act clear and notorious, and of the most easy ex- 
amination, it appeared to me the most convenient to repel a claim 
which Spain could oppose with many other reasons and arguments. 

It is not demonstrable that a nation is obliged to satisfy the da- 
mages and injuries committed on her coasts, by the subjects of other 
powers, and cases without number might be cited to the contrary 
among civilized nations. Denmark had her ports open, during the 
last war to the belligerent powers, and condemnations of prizes were 
made in them, without there being, on this account, any responsibili- 
ty demanded of her. Many other neutral powers suffered during the 
same war, various damages from the French cruizers, on the coasts 
and in the ports of Spain, without having demanded any other thing 
of Spain, than to interpose her good offices, and co-operate in ob- 
taining redress for the injury. Spain, when she has been injured, 
has not demanded such indemnifications, and has only demanded 



04 [155J 

that the government whose flag or coasts have been violated, should 
pass efficacious offices for the reparation of the offence. This, and 
this is all to which Spain obliged herself by the 6th article of the 
treaty with the United States, in which, after offering defence and 
protection, reciprocally, for the vessels of both countries, within the 
extent of their respective jurisdictions, it says, that in case of offences 
of the nature of which we treat, each power in whose jurisdiction 
it is committed, shall employ all its efforts to recover, and have re- 
stored to its lawful owners, the vessels or effects which have been 
taken within the extent of its jurisdiction, from which it results that 
the only thing which it can be pretended Spain has obliged herself to, 
is to employ all her efforts to recover, and have restored, the ves- 
sels and effects so taken, but in no degree does there exist any obli- 
gation in her to make reparation, should such efforts not produce the 
desired effect; because, if it had been the intention of the high con- 
tracting parties to do this, it would have been expressly stipulated. 
As on account of this article, your excellencies pretend to be persuad- 
ed that Spain is the only one responsible for the excesses of the 
French privateers, I could not omit observing that the obligation of the 
power which has to restore, could not but be greater and more prin- 
cipal, than that whose obligation only is reduced to the making ef- 
forts that they might be restored; and that France being in the first 
case, and Spain in the second, it cannot but follow that the principal 
obligation rests on the first, and only that of accessary, on the second. 
Proceeding now to the damage occasioned by the suspension 
of the deposite at New Orleans, I will endeavor also to answer, with 
the utmost brevity possible, your excellencies' remarks, in your 
esteemed note. In the first place, your excellencies will permit me 
to declare, that I see, with regret, that in what I said in mine, of the 
46th, as to the deposite at New Orleans, being a generous and gra- 
tuitous concession ,of his majesty, and other parts of my letter, I did 
not explain myself as I wished. Your excellencies understood that 
I wished to say that the deposite, not only in the capital, but on any 
other point on the banks of the Mississippi, was a charitable donation 
of his majesty, revocable at his pleasure, either before or after the 
three years fixed for its being at New Orleans, and that it might re- 
main revoked until the United States implored his majesty anew to 
restore it. It is not honorable to me that such assertions should be 
attributed to me. I said, and it was my intention to say, that in its 
origin, the right of the deposite granted to the United States, in New- 
Orleans, flowed from a wish in his majesty to grant it generously, and 
oblige himself to maintain it there for three years, as a convenience 
to the United States. Nothing is more common than for a nation to 
impose on itself an obligation, gratuitously, in favor of another, 
without more interest than the satisfaction of having done it a useful 
service, without injury to itself. After the making of the stipulations 
and conclusion of the treaty of 1795, there w r as no doubt an obliga- 
tion to maintain and comply with it; but in the case of the deposite, 
there are two things essentially distinct, which ought to be consi- 



[155] 



65 



oered; tfre deposite in New Orleans, and the indefinite deposite in 
some other place on the banks of the Mississippi. The three years 
being over, and injury arising to the royal revenue from the continu- 
ance of the deposite of New Orleans, to have continued it there not- 
withstanding, cannot be considered less than as a favor of the king, 
my master, because no obligation existed on his part to do s*, and if 
the United States had desired that the deposite in New Orleans 
should have continued in a manner not precarious, but established 
and obligatory, it was necessary to have a new stipulation, because 
his majesty was not obliged to do so. At present^ as to what regarded 
the right of deposite in the other place, the United States did not re- 
quire a new stipulation, because they had it "by the treaty ; but as the 
new place was not estafished in the treaty, it is clear the United States 
had to ask the fixing of it on the spot which they thought convenient; 
or the two governments had to understand each other in the establish- 
ing it; for as it was to be fixed to the satisfaction of the American go- 
vernment, Spain could not do it alone, or without their saying what 
Were the qualities it out to have to answer their ends. The difficulty 
is not in this which is in itself simple, but it is in examining its situa- 
tion after the end of the three years in the capital, and the other four 
in which his majesty generously continued it, he being under no obli- 
gation to suffer the inconveniencies which were encountered in the 
Said four years, and the question n >w is, whether he could or not sus* 
pend the deposite in New Orleans, before agreeing with the parties 
concerned on the fixing another; or, in other words, if after the con- 
clusion of the three year of the deposite at New Orleans, the king was 
obliged to surfer the incotivenience of its continuation until they 
could enter into a convention or agreement respecting another place; 
or further, if the United States could, in rigorous justice, be made to 
surfer the intervening inconveniencies of the suspension for the time 
necessary for the two governments to agree upon the fixing it. The 
treaty says nothing of this, and I hope I have shown, that good negh* 
borhood and friendship should have permitted, for a short time, the 
inconvenience of the deposite at New Orleans, before proceeding to 
suspend it, and for this reason, his majesty revoked the edict of the 
intendant; but, speaking of what in rigorous justice can be supposed 
to be due to the solicitude of being indemnified for the same, I am of 
opinion, that as the treaty said nothing about it, his majesty was not 
obliged to continue the deposite at New Orleans, nor to surfer its incon- 
veniencies, although he was bound to consent to its establishment in 
another place, on which his majesty could not determine alone, 
it being necessary it should be fixed equally to the satisfaction of trie. 
United States. I repeat, it is not my intention to approve the conduct 
of the intendant, nor to diminish the rights of the United States un- 
der the treaty, but to examine points unsettled in it, and to deduce 
from thence whether Spain was or was not liable for the indemnifica- 
tions arising out of the suspension of the deposite at New Orleans; an 
examination which mav, in mv opinion, have bern excused, fromtjre 
20 



66 [155] 

short existence of the injuries which might be considered as really 
attributable to the edict of the intendant. "+ 

In the interim, I renew to your excellencies the demonstrations 
of my distinguished consideration and esteem. I pray to God to 
preserve your lives many years. 

(Signed) PEDRO CEVALLOS. 



No. 14c 

Messrs. Pinckney and Monroe to Don Pedro Cevallos. 

Jlranjuez, March 8, 1805. 
SIR, 

We have now the honor to answer your excellency's esteemed 
note of the 2*th ult. respecting the eastern limits of Louisiana, the 
receipt of which has been already acknowledged. 

We are happy to find that we shall not differ as to the material 
facts on which the question depends, to wit: that France held Lou- 
isiana prior to the treaty of 1763, to an extent eastwardly to the Per- 
dido, comprising in it the greater part of West Florida; that she 
ceded it, by that treaty, to Great Britain, who, in 1783, ceded it to 
Spain, Spain having possessed herself of it by her arms in the course 
of that war; that the treaties referred to in that of St. Ildefonso, 
whereby Spain ceded Louisiana to France, as having passed subse- 
quently between Spain and other powers, are that of 1783, between 
Great Britain and Spain, whereby the former ceded to the latter that 
portion of Louisiana called by her West Florida, and that between 
the United States and Spain in 1795: none others were made by 
Spain relative to that object; they, therefore, only could be referred 
to. We admit also that they were referred to by a real and sufficient 
motive. 

We are also happy to find that we shall not differ in opinion on 
the principles of the law of nations, or the rules by which treaties 
are to be construed under them, especially the following, to wit: that 
treaties must not have an odious or absurd construction when it is pos- 
sible to give them a plain and simple one: that the intention of the par- 
ties to a treaty, is to be collected from the whole article: that each 
clause is to be taken into view, and the import of the whole collected 
from that of each clause; and that no part is to be supposed superflu- 
ous to which a rational meaning can be given. 

We should be happy if we could agree in the application of these 
facts and principles to the point in question, We draw, however, 
from them, by the clearest evidence and most satisfactory reasoning, 
a conclusion, that under the treaty between the United States and 



[155] 



67 



France of 1803, which is founded on that of St. Ildefonso between 
Spain and France in 1800, West Florida was comprised in the ces- 
sion of Louisiana to the United States. oYour excellency is, it appears, 
of a contrary opinion. 

Before we proceed to the inquiry, and to answer your excellen- 
cy's note, we think proper to premise that it would have been more 
agreeable to the United States to have obtained, the cession of that 
province of France by a strict definition of its boundaries, since in 
that case, they would have known distinctly what they had acquired, 
and avoided the necessity of a discussion with Spain. But as these 
had not been traced between France and Spain, it was impossible to 
give such a definition. It was, therefore, agreed, that France should 
cede to the United States precisely what she had acquired of Spain, 
and that the extent of that acquisition might be known, that the 3d 
article of the treaty of St. Ildefonso, between France and Spain, 
should be inserted in that of Paris between the United States and 
France. Thus, that article, and it alone, became the extent of the 
right which the United States had thus acquired. There is nothing 
in the treaty, nor did any thing occur in the negotiation, to detract 
from its just and rational import. The United States were at liberty, 
as France would have been, had the cession not been made, to ex- 
amine under it, the extent of their rights, and in so doing, to appeal 
to those facts and principles, which, in the estimation of the enlight- 
ened and impartial world, ought to govern in the case. It is by this 
investigation, that the government of the United States has formed 
its opinion of their rights, and it is from a regard to justice, and mo- 
tives of respect to his catholic majesty, that they are now made the 
subject of amicable discussion with his government. Having made 
these remarks, we proceed in the proposed inquiry. 

We observe that your excellency relies much in support of the 
pretensions of Spain, in the point in question, on the import of the 
term "retrocede," which is found in the treaty; that you consider it 
as going far to decide the question in her favor. We cannot but ex- 
press our surprise, that such reliance, or indeed, that any, should be 
put on a term vague and equivocal at best, which it is easy to show 
neither has nor was intended to have any influence in the question. 
If it were of any importance to analyze that term, it might be contend- 
ed, that as France once possessed that province, a cession of it back 
to her, by any power who had obtained it of a third, was a retroces- 
sion of it. By ceding it back to France, the former proprietor, it 
would, in respect to her, be a retrocession, although not one acre of 
it had been received of her by the power making it. And it is very 
likely, under such circumstances, that such would have been the title 
of the treaty, or the phraseology of the article applicable to the sub- 
ject. In the present case, all the territory which was ceded back to 
France, had belonged to her before; 19-20 of it, supposing West 
Florida to be a part, had been previously ceded by her to Spain, and 
that 20th part had been ceded by her to another power to accommo- 



6S [155] 

date Spain, of whom Spain bad obtained it. Was it not natural then 
when Spain ceded back this territory to France, that the term retro-, 
cession should be made use ofr Had it been the object and studious 
endeavor of the parties to characterize, in the treaty, the former pro-, 
prietorship and transactions respecting this territory, and no more 
could have been intended, it is not known how, even with the import 
annexed to the term by your excellency, a more suitable or just one 
could have been adopted for the purpose. But as already observed, 
this term is of no real importance in the case, nor was it intended to 
have any by the parties in the sense alluded to, as is perfectly evident 
by the other parts of the article. \Ye find in it three distinct mem- 
bers or clauses, which were introduced for the express purpose of 
explaining what was intended to be done. By these is fully and ac- 
curately defined, what proportion of that provice should be transfer- 
red to France, and what other proportion of it should be exempted 
from the operation of the treaty. If it had been intended that the 
term "retrocede" should be understood in the sense insisted on by 
your excellency, it is presumeable that none others would have been 
used, since, not being necessary to illustrate, they could only serve to 
obscure and perplex. The introduction therefore of other clauses, 
plainly proves, that that term was not to be relied on as expounding 
the object of the parties, but that those clauses were to do it. It will 
not be denied, that although the title of the treaty might be what it is 
eaid to be, and the term "retrocede" introduced in every page, and 
although Spain had never received one acre of the territory from 
France, that she might, nevertheless, by suitable operative clauses, 
convey and transfer to France all that portion of Louisiana which she 
possessed, if she was so disposed. It is by the operative clauses of 
every treaty, and of every article in each, that their meaning is ex- 
pounded. It is to them that we must respectively refer in the pre- 
sent instance for the intention of the parties, in that of St. lldefonso, 
and the extent of the rights of the United States acquired under it. 

By the first clause of the third article of the treaty of St. lldefonso 
Spain cedes to France the province of Louisiana '■' such as it is in the 
hands of Spain." It is to be observed, that the reference here made 
to that province, was in its integral state, that is, while in the posses- 
sion ol France, and of course prior to the cession made of it'by her in 
1765, as will be more fully seen by the next clause. The simple ques- 
tion then on this clause is, what portion of Louisiana was in the hands 
of Spain, when the treaty of St. lldefonso was formed? All that por- 
tion, be it what it might, was clearly and positively comprised in the 
cession, and transferred to France. All that portion, be it what it 
might, not in the hands of Spain, was as clearly and positively exclu- 
ded from it. This is the plain and obvious import of the clause; in- 
deed it admits of none other; by adhering to which every thing of an 
r.bsurd and odious tendency is avoided, simplicity in the construction 
is preserved, and what is of equal importance, the integrity and fair 
intentions of the parties are manifested. All that portion of Louisiana, 



[155] 



69 



according to its ancient limits, which lies eastward of the Mississippi, 
from the 31° of north latitude to the northern limits of the United 
States, had been ceded by the treaty of 1763 to Great Britain, to 
which France, Spain, and Portugal, were parties, and afterwards con- 
firmed by her to the United States at the close of the war of their re* 
volution in 1783, to which France, by her treaty with those states in 
1778, had already renewed her special sanction, as did Spain after- 
wards by her treaty in 1795, with the addition of the right of depo- 
site at New Orleans. It would, therefore, have been highly impro- 
per in the parties to the treaty of St, Ildefonso, to have formed it in 
such a manner, as to have admitted the cession to have applied, by 
any possible construction, to any part of that territory, or rights be- 
longing to it. Accordingly, we find by the clear and obvious import 
of the article, that such a construction is altogether and absolutely pre- 
cluded, and by terms the most suitable and judicious that could have 
been selected. We find also, that the article is equally clear and ex- 
plicit as to the portion of the province which it was intended to cede. 
By ceding that portion, and that only, which was in her hands, Spain 
did what she had a right to do, and no more, of which a very distinct 
idea was conveyed in both respects. She excepted from the cession 
all the territory above described, which of right ought to have been 
excepted. She comprised in it all that she had a right to cede, in- 
cluding, of course, as being her property, and in her hands, West 
Florida. 

In the second clause the cession is further explained and con- 
firmed, in the following terms: "such as it was when France posses-, 
sed it;" by which a clear and explicit reference is made to the pro- 
vince at a period preceding the treaty of 1763, when France possessed 
the whole. This clause would of course have been understood to 
have comprised the whole, had no part been specially excepted from 
the cession. But we have already seen, that by the operation of the 
first clause, all that portion of the province, according to its ancient 
limits, as known before the treaty of 1763, now belonging to the 
United States, was clearly excepted from it. In every other respect, 
however, its operation is uncontrolled. It certainly comprises all that 
part which was then in the possession of Spain, from whatever pow- 
er, or by whatever means obtained. By referring to it at an epoch 
anterior to the treaty of 1763, that is, when France possessed it, it 
was obviously the intention of the parties to reject all idea of subse- 
quent divisions, modifications, or appellations, by either of the pow- 
ers who were since possessed of it. It was well known that Great 
Britain had called that portion which was ceded to her by the treaty 
of 1763, West Florida, and it was probable, that Spain might have 
called some other portion of it, adjoining Mexico, by some other name. 
Hence, it was possible, if by any construction an allusion to the pro- 
vince had been admitted, at any period after 1763, that these distinc- 
tions and terms might have created some embarrassment in the mean- 
ing. To avoid that danger, it was deemed advisable to go back to 



70 [155] 

an anterior epoch, and thereby put them entirely out of the question. 
This clause then shows still more clearly, that it was the intention of 
the parties to include West Florida in the cession, since, by taking 
them together, and giving to each and both their just construction, it 
is impossible to mistake their meaning. By the first, all that portion 
of Louisiana, which was in the hands of Spain was transferred to 
France; but as it was possible, for the reasons just mentioned, that 
doubts might arise whether West Florida was comprised in the ces- 
sion, by this it is expressly declared, that no part of the province in 
the hands of Spain, which France had ever possessed, should be ex- 
empted from it. 

By the third clause of the article, the cession of the province is 
declared to be in an extent u such as it ought to be after the treaties 
passed subsequently between Spain and other powers." The treaties 
referred to here, are /hat been Great Britain and Spain in 178S, 
whereby West Florida was ceded to the latter, and that between 
Spain and the United States in 1795, whereby the boundary adopted 
in their treaty with Great Britain, with the right to the free naviga- 
tion of the Mississippi, and deposite at New Orleans, were establish- 
ed. What then is the effect of this third clause? To us, nothing can 
be more simple or intelligible. We will first examine it in reference 
to the first treaty, which alone creates the difficulty. By that, Spain 
became possessed of a portion of the province of Louisiana, which she 
had not acquired of France, by means whereof, such addition is 
brought within the scope of the two first clauses already noticed, and 
is transferred by them to France. It is brought within the scope of 
the first, because "it is in the hands of Spain." It is brought within 
the scope of the second, because it is a part of the province f * such as 
it was when France possessed it." And by the terms of the last or 
third clause, it is expressly designated as a portion of the territory 
which it was intended to cede by that treaty to France. If we ex- 
amine impartially the import of these terms, we shall find that it is 
impossible to give them any other rational interpretation in reference 
to this object. The terms are, tl such as it ought to be after the trea- 
ties passed subsequently between Spain and other powers." This 
portion having been a part of the province when France possessed it, 
and being now by the treaty of 1783, vested in the hands of the same 
power who held every other part, not expressly excepted from it, as 
belonging to, and secured to, the United States, by many treaties, as 
already stated, ought to be considered as a part of it again. Had 
Spain possessed and ceded that portion of Louisiana to Great Britain 
by the treaty of 1783, or at any time before that of St. Ildefonso, this 
clause would have exempted it from the cession, as would both the 
others. Being out of the possession of Spain those clauses could not 
have operated on it, and being ceded by Spain to another power, in a 
treaty passed subsequently, that is, after 1763, the cession would have 
been sanctioned by this clause. But Spain did not cede that territo- 
ry to Great Britain; on the contrary, she acquired it of her, and it is 



[155] 



71 



itkonceivable^fo us how that acquisition, which brought it into her 
possession, and subjected it to the control of the two first clauses, 
should be supposed to have exempted it from such controul; how a 
treaty which enlarged the limits of the province in her hands, with- 
out producing any other effect, should be construed as lessening the 
extent of the cession. The reference made by this clause to the trea- 
ty of 1783, must be considered as intended to produce an effect in the 
present one, correspondent with the spirit of that of 1783. It would 
be strange indeed, if it counteracted that spirit, and produced an op- 
posite effect. And in judging of the effect which it was thus intend- 
ed to produce, not only the spirit of that treaty is to be regarded, but 
this clause must be construed in connection with the preceding ones, 
so as to give them their just effect also. It is a well knwn rule in the 
construction of treaties, '* that the interpretation ought to be made in 
such a manner, that all the parts appear consonant to each other; that 
what follows agree with what went before, at least it it does not ma- 
nifestly appear, that by the last clauses something was changed that 
went before." If we apply this rule to the present case, the conclu- 
sion is unavoidable, since by the construction we contend for, all the 
clauses have their just import, are consonant to each other, unite in 
the same object, and produce the same effect, which is to show that it 
was the intention of the parties to comprise West Florida in the ces- 
sion. 

With respect to the effect of this clause on the other treaty refer* 
red to in it, to wit: that of 1795 between the United States and Spain, 
it is obvious that it was the intention of the parties to secure to those 
States, in the hands of the new proprietor, the rights which they had 
acquired on that territory by that treaty. It was, it is true, impos* 
sible for those parties, or any others, in a treaty between them* to 
destroy the rights of a third one. It was, nevertheless, very proper 
and honorable in them to insert a provision in this for the security of 
those rights. 

Having thus examined carefully and impartially the third article 
of the treaty of St. Ildefonso, under which France ceded to the United 
States the province of Louisiana, and, as we presume, proved incon- 
testably by a just construction of several clauses, that West Florida 
was a part of the cession, we will now proceed to notice some of the 
other remarks of your excellency which merit a more particular at- 
tention. 

Your excellency observes, that as the territory in question, to 
wit: that lying between the river Iberville and the Ferdido, was called 
by Great Britain West Florida, after it was ceded to her by the treaty 
of 1763, and as that name had been preserved to it bv his catholic 
majesty in the title to his governor at the Havanna, since it came into 
the hands of Spain, that it cannot be considered as comprised in the 
cession to France, by the treaty of St. Ildefonso. But we have al- 
ready shown, and we presume satisfactorily, that that objection is al- 
together unfounded, supposing the fact as thus stated to be correct in 



7% [155] 

both cases; though it is proper to observe, that we had understood 
that the territory in question had been governed as a part of Louis- 
iana after the treaty of 17*83 Be that, however, as it may, it is 
proved by referring to Louisiana, at a period when it was possessed 
by France, to characterize the session made, that it was an essential 
object of the two first clauses to get rid of that objection, and that 
they have done so as effectually as if that division or name had never 
existed. It Was also observed, that any construction of those clauses 
which should comprise West Florida within the cession, might, with 
equal propriety, be considered as applicable to all that portion of 
Louisiana which lies within the limits of the United States. We 
cannot perceive on what principle this remark is founded, since, as 
the facts are different, there is certainly no analogy in the Cases. To 
support the doctrine, it ought to be shown that West Florida is not 
in the possession of Spain, but of the United States or some other 
power. We have shown, by a fair construction of the clauses, that 
it is by virtue of that portion of the province, being in the possession 
of Spain, that it was comprised in the cession to France; and by vir- 
tue of the other portion of it, that b, what belongs to the United 
States, being out of the possession of Spain, that it was excluded 
from that cession. 

Your excellency observes also, that if it had been the intention 
of the parties to include West Florida in the cession,, it would have 
been easy to have expressed it. We do not know that it would have 
been possible to have expressed it in a more clear manner than is 
done; we are satisfied that other terms, more comprehensive and 
guarded, in reference to all the objects which it was proper the par- 
ties should have in view, more intelligible, less free from objection, 
and, at the same time, so concise, could not have been found. With 
strict propriety may we say, that if it had been the intention of the 
parties to exclude West Florida from the cession, that it was very 
easy to have done it, and that the means were obvious, since it was 
onlv necessary to have stated that Spain ceded to France that portion 
of Louisiana only which she had received from her. Had that been 
done there would have been no occasion for the subsequent clauses, 
especially the two first, to explain the meaning of the parties and de- 
fine the extent of the cession. We might add, that if the case ad- 
mitted of any doubt, which, however, we deny, for in our judgment 
there never was a clearer one taken into consideration, that from the 
nature of the transaction, that doubt ought to operate against Spain, 
since it is a well established doctrine of the law of nations, in the 
construction of treaties, that in all cases of grants or cessions, * if 
the party making them fails to explain himself clearly and plainly it 
is the worse for him: he cannot be allowed to introduce subsequent 
restrictions which he has not expressed." We do not, however, 
think that the present case admits of any doubt. 

We cannot suppose that the French prefect, M. Lauzat, had any 
instructions from his government by what limits he was to receive 



[155] 



73 



the province of Louisiana from the officers of Spain, or that he had 
its orders to surrender it to the Uunited States by any of a definite 
nature. This opinion is founded on the treaty between the United 
States and France, by which the session was made to those States, 
and in which no limits were defined, for the reasons stated in the com- 
mencement of this note. We entertain, as already observed, a very 
high respect for his Imperial majesty, and we can never believe that 
he would, by any act of his, be willing to invalidate any of the rights 
which the United States had acquired under that treaty. 

With respect to the opinion entertained by Mr. Ellicot, on this 
proint, we have only to observe, that although we believe him to be a 
good astronomer and geographer, we are far from considering him in 
the light of an able civilian. It is presumed that he ran the line be- 
tween the United States and Spain correctly, in the case alluded to, 
and that his charts may also be correct; but we doubt whether he ever 
read with attention either of the treaties on which the present ques- 
tion depends, or would be an able expounder of them, if he had, la 
making his book, which, it appears, he had completed before he was 
acquainted with the cession of Louisiana to the United States, or 
with the nature of that made by Spain to France, which was then for 
the first time known, it was natural that he should consult the old 
maps of the country, and regard the divisions that were made of it, 
prior to that epoch, especially in conformity to the treaty of 1763. 
Under such circumstances, and in consideration that this question 
depends on treaties, your excellency will, we presume, see the evi- 
dent impropriety of paying that deference to Mr. Ellicot's opinion, 
which you have been disposed to allow it. 

We have read with much attention your excellency's note of the 
4th, on the subject of French spoliations, committed within the 
limits of Spain, and are sorry to find that the opinions which we re- 
spectively entertain on it, are as remote from an accord as they were 
in the commencement. We have read, with equal attention, your 
remarks on that of the suppression of the deposite at New Orleans, 
in which you do not seem to assent to the ideas which we deemed 
justly applicable, and thought it our duty to express, relative to that 
interesting and unexpected occurrence. Having said all that we have 
to observe on those points in our former notes, and having commu« 
nicated fully our sentiments in this, as in that first presented, respect- 
ing the eastern limits of Louisiana, it remains that we should now 
proceed to the last topic depending between us, to wit; the western 
limits of that province. Having already had the honor to present 
Our view of the rights of the United States on that point also, we 
shall be happy to be favored with that of your excellency on the same. 

We' avail ourselves of this occasion to observe that we received 
with much pleasnre your excellency's note of the 28th ult. in reply 
to our remarks on that of the 16th, the purport of which was further 
confirmed in that of the 4th inst. since it gives us the very satisfac- 
tory assurance, that it was net your intention, by any expressions in 
21 



74 [155] 

that note, to convey the unfavorable sentiments in regard to our 
government and country which we had supposed it did, It was with 
much reluctance that we communicated to your excellency the im- 
pression which that note made on us, which we certainly should not 
have done, had we not believed that it would have produced a simi- 
lar one on our government, on whom, we were persuaded, it was 
neither your wish or intention to produce it. The frank and honor- 
able explanation which you have given us in that respect, is a full 
confirmation of what we had anticipated on that head, and an ample 
assurance, that whatever may be the result of the business entrusted 
to us, we shall carry with us the sentiments of that high considera- 
tion and respect for your character which it justly merits. 

We beg your excellency to accept the assurance of our high con- 
sideration and esteem. 

(Signed) CHAS. PINCKNEY. 

JAS. MONROE. 

His Excellency 

Don Pedro Cevallos, 

Secretary of State, &c, &c. £s?c. 



No. 15. 

Don Pedro Cevallo's to Messrs. Ptnckney and Monroe. 

GENTLEMEN, 

I have received your esteemed letter of the 8th, in which you. 
are pleased to answer mine of the 24th past, relative to the limits of 
Louisiana, and I cannot do less than immediately reply to it. 

I agree at once with your excellencies, that treaties ought not to 
receive odious and absurd interpretations which are capable of clear 
and simple ones, and that the intention of the parties ought to be 
collected from the whole context, and from each article. From thesfe/ 
principles, and this mode of examination of the 3d article of the: 
treaty of St. lldefonso, 1 deduce consequences from the same, very 
different from those which your excellencies have done. 

Your excellencies believe 10 be of very little importance to the 
decision of the present question the word "retrocede" or " retroces- 
sion," which is the title of the treaty of St. lldefonso, and is found 



[155] 



75 



in the said 3d article; and suppose it is a term vague and equivocal, 
which has no influence in the question, and that if it had been im- 
portant to analyze it, it might be easily made to appear that, with the 
expression " retrocede" it also intended to denote that West Florida, 
or a part of it, ought to retarn to France, although she had not ceded 
it to Spain* For my part, I cannot but be surprised your excellen» 
cies should consider vague and indeterminate an expression which 
serves to denominate the treaty, whose title, literally copied, is as 
follows: " Traite Preliminaire et secret entre la Republique Fran- 
chise et S. M. C. touchant Pagrandissement de S. A R. Le Due de 
Parme en Italic et la retrocession de la Louisiane," and which go- 
verns the whole proceeding, and is conspicuous in all the clauses of 
the 3d article of the said treaty. On a single reading of this article, 
there is no one but must know, that according to grammatical order, 
and the common use of language and words, the words u to engage 
to retrocede" is the principal action of it; and this principal intention 
is conspicuous through all the context and clauses of the article, and 
that although the following expressions may modify it, they can in 
no degree contradict it without giving to the whole an absurd mean- 
ing, and as repugnant to common sense as to the most simple rules 
of grammar and the art of writing; nor can it be said, without dis- 
credit to the contracting parties, that they should avail themselves of 
an expression vague and equivocal, and use it exactly in the most im- 
portant article and upon one of the most interesting objects of the 
treaty; and that, with a view to find such vague expression, they 
should select the one retrocede, having at hand the one cede, which, 
followed by other explicit clauses that might have been inserted, 
would have explained with facility 'and precision the return of Lou- 
isiana to its former owner, and the cession of West Florida, if such 
had been the intention. But it was, no doubt, the intention of the 
parties that the expression retrocede, which has given name to the 
treaty and serves to express the principal design of the 3d article, 
should be marked with all the exactness and grammatical rigor pos- 
sible; nor is it susceptible of doubt that the expression " retrocede," 
in its obvious and grammatical sense, means to cede to one what it 
has received from it. Your excellencies ought not, therefore, to 
think it extraordinary that I have believed, and do believe, that this 
expression is of the greatest consequence to the decision of the pre« 
sent question. The force it carries with it makes us see at once 
with what exactness and simplicity the otlftr parts of the article 
quadrate with it. If we set out from the beginning to give to the 
expression " retrocede" a meaning which it has not, it will not be 
extraordinary if we find some embarrassment and difficulty to deci- 
pher the said article: it says, in the first place, that it retrocedes Lou- 
isiana " avec la meme etendue qu'elle a entre les mains d'Espagnej'i 
but this expression, in the mode in which your excellencies construe 
it, appears absurd and contradictory. It is indubitable that Spain 
possesses West Florida, as Florida, and not as Louisiana; and this 



76 [155] 

act, founded on an authenticity the most notorious, is marked in the 
treaty of 1783 and 1795, in a manner which cannot be contradicted, 
or admit of a doubt: consequently, Louisiana " avec la meme eten- 
due" which it had in the hands of Spain, is without West Florida, 
and to suppose that the cession could have comprehended this pro- 
vince, it was impossible to suppose it could be Louisiana, with the 
same extent, without incurring a palpable contradiction. Your ex- 
cellencies know the force of this difficulty, and wish to explain the 
1st clause by the 2d, which says, " et qu'elle avoit lorsque la France 
la possedoit;" but, I ask, has the 2d clause a fixed epoch, which de- 
termines the time when France had it ? Certainly not. Then the 
want of this fixed epoch alludes to the last time when France had it; 
that is, when she delivered it to Spain; an explanation the more con- 
venient, as in any other manner it will be contradictory with the 1st, 
which says, " avec la meme elendue qu'elle a entre les mains d'Es- 
pagne" — if it was with more, it could not be with the same: it is 
mort natural that a clause which has a fixed epoch, as the first has, 
should serve to clear up the sense of the 2d, which has no epoch or 
ex.ent fixed, than that we should give so much force to the doubtful 
epoch of the second clause, as to make it destroy the clear and 
marked meaning of the expression " retrocede" in the 1st clause, 
*.* avec la meme etendue." Admitting the explanation of your ex- 
cellencies, the 2d clause is in contradiction with the 1st; admitting 
mine, both explain and combine simply, and prove that Spain deli- 
vered Louisiana to France with the same extent that it had in her 
hands in 1800, and as France possessed it when she delivered it to 
Spaia; but as neither in the one or other epoch West Florida made a 
part of Louisiana, the two clauses perfectly unite with each other, 
and both with the principal action, retrocede, which governs all the 
clauses of the article. 

The 3d clause, which your excellencies suppose can also be 
brought as a proof that West Florida is included in the retrocession 
of Louisiana made to France, is, to my understanding, a new proof 
of the contrary. It says, " et telle qu'elle dut etre apres les traites 
passes entre l'Espagne et d'autres Puissances." It is impossible to 
make any thing clearer than that the treaty did not alter any thing in 
the treaties which Spain had made with other powers on this subject. 
There were two, one of 1795, with the United States, and one with 
England, in 1783, by which Spain had acquired the territories to the 
eastward of the Mississippi, not as Louisiana, but as Florida; and 
(Consequently to be as it ought to be after this treaty was with the 
exclusion of a territory possessed by England, as West Florida, con- 
quered by Spain as West Florida, and acquired irrevocably as West 
Florida, by the treaty of 1783, and received, in each of these solemn 
acts, a new qualification of its total separation from Louisiana, and 
of the limits which separate them. 

Your excellencies contend, that the treaty of 1783, was a new 
incorporation of ths said Territory of L^uisiana^ bat I do not see in 



[155] 



77 



the said treaty of 1783, any thing but a confirmation of the right of 
conquest which his majesty's arms had made of an English province 
called West Florida. The cession which France had made to Eng- 
land of the said territory, had been an alienation, perfect, irrevocable 
and perpetual.. The territory became an English possession, and af- 
terwards a Spanish one. That Spain on the other side, and by other 
titles should have acquired Louisiana, and that the two territories 
should return to be united in the one hand in which they were before 
united, does not import, nor can it import a legal incorporation of 
them; because their titles and times of acquisition were different* 
Spain had no Louisiana, but what she received from France, and it 
was undoubtedly Florida she received from England. 

It is not conceiveable or imaginable how the cession of a pro*- 
vince or territory, could occur without mentioning or naming it, or 
that it could be made only by designating it with a name, which by 
the consent and notice of all the nations concerned, and the most au- 
thentic public acts it had lost many years ago. This territory was call- 
ed West Florida, and was so called authentically, and by this name, the 
contracting parties would have called it, had they imagined it was 
comprehended in the cession, as it is an acknowledged principle that 
the territories they change or cede, ought to be designated by the 
names they then officially have; nor can it be said, that by its en- 
trance into the possession of Spain, it returned to its antient state 
and name; because all the public acts since its entrance into the pos- 
session of Spain from the treaty of 1783, inclusive, have confirmed 
its separation from Louisiana, and its difference of name springing 
from the difference of its title of acquisition; after a separation so 
qualified, it was only an express and positive stipulation that could 
reunite it to Louisiana in its retrocession. Your excellencies have 
attempted in your note to persuade me that the treaty of 1783, re- 
united West Florida to Louisiana anew, attributing it to the motive 
which made France cede to England in 1763, the territory to the 
eastward of the Mississippi; and this motive your excellencies say, 
was to favor Spain. But on my part I cannot agree to this, France 
ceded this territory because she felt it her interest to do so, or was 
obliged to do so: but this is of no importance, for be the motive 
what it may, the cession cannot be considered less than an effectual, 
irrevocable, and perpetual alienation, with all the consequences which 
were to make West Florida an English possession— being so, Spain 
could conquer, acquire, and receive it from England, having this ori- 
ginal and just title to it, and this alone is all she requires to make it 
her property in every sense of the word, and as independent of Loui- 
siana as it was in the hands of England. 

It results from this, that the contracting parties had no intention 
to include West Florida in the treaty of San Udefonso: this is the 
more confirmed, if we recollect that France could not do it, nor could 
she stipulate for the acquisition of any territory to the eastward of 
the Mississippi without the consent of the United States, as she had 



78 ; [155] 

obliged herself to this by an express stipulation, contained in the 6th^ 
article of her treaty with the United States, which article says. lt Le 
"Hoi tres Chretien renonce a posseder jamais les Bermudes, ni au- 
"cune des parties du continent de 1'Amerique Septentriooale, qui, 
"avant le traite de Paris de 1763, ou en vertu de ce traite, ont ete 
•'reconnues appartenir a la couronne de la Grande Bretagne." It is 
to be seen from this that France could not (if the United States did 
not consent when she had bound hersejf by this treaty), acquire West 
Florida, which, by the treaty of 1763, belonged to the crown of Great 
Britain. If, in the treaty of San Ildefonso, France had intended or 
proposed to acquire West Florida, it is clear she could not do so 
without the consent of the United States, and that this consent ought 
to precede all other stipulations — on the contrary, if France should 
have infringed the rights of the United States, which can in no man- 
ner be supposed, it would not be decorous to the United States to 
give to the treaty of St. Ildefonso an interpretation from which it must 
result as a necessary consequence, that France had violated their 
treaty with the United Statee, and that they founded their right to 
West Florida on this violation. 

The opinion of the astronomer and geographer Etlicott, whic his 
so exactly conformable to the ideas 1 have just stated, and whose con» 
eluding expressions I transmitted you in my letter of the 21th, is of 
very great weight and consideration on this subject. I do not sup- 
pose it, as your excellencies do, a question for a lawyer or civilian- — 
it is in its whole extent entirely geographical— it only treats of the 
question whether the territory to the east of the Mississippi, at the 
time of the retrocession, was Louisiana or West Florida. What per- 
son more proper to give an opinion on this subj'ect than the one who 
fi&s merited to be employed by the United States in fixing the limits 
of the very territory he treats about? It is dishonoring his talents to 
say he had not with him the maps both antient and modern of the 
said territory, and the most authentic documents respecting it, and 
uing, as he does, the expressions I copied for your excellencies in 
my letter of the 24th ultimo, after he knew of the acquisition of 
Louisiana by the United States, leaves no doubt that his love of 
tiurh and justice forced from him this sincere confession of the in- 
contestable right of Spain to the territory of West Florida. 

But all further reflections are unnecessary upon this subject, 
n. it is considered that the treaty of San Ildefonso, was a contract 
between France and Spain, and that of consequence on whatever 
point of it (however it might appear doubtful) on which France and 
Spain are agreed in their understanding and explanation of it; this 
uniformity of understanding has as much force as the most explicit 
and determinate stipulation, because no one can know as well as the 
contracting parties, what the one was to cede and the other to receive. 
The United States who have succeeded to the right of France, can 
have co other right or claim, than that which France supposed she 
had. France has been, and is now persuaded, that by the treaty of 



[155] 



79 



retrocession, she neither did or had any intenxion to acquire "Wes5 
Florida. The prefect Lauzat, charged to carry the treaty into e.f[ect f 
instructed perfectly in its contents, and being depositary of the inten- 
tion of his government, was satisfied of the manner in which it was 
carried into execution without being put into possession of West 
Florida: which act leaves no do,ubt of the manner in which France 
had understood the treaty of San lidefonso should be executed. But 
if your excellencies should still consider this as insufficient 
proof, will you permit me to send you a copy of a declaration 
the most positive which can be imagined, in whieh the government 
of France declares that it never thought of acquiring territory to the 
eastward of the Mississippi by the treaty of St. lidefonso, ^nor less 
has ceded it, nor could cede it to the United States. The minister 
of foreign relations of France, has written upon this subject on the 
30th of August last, to his majesty's ambassador in Paris, and in his 
letter a the following remarkable expressions. a Les limites ori- 
"entales de la Louisiane sont indiquees par le cours du Mississippi 
"et ensuite par la riviere d 'Iberville, le lac Pontchartin etle lac Mau- 
"repas, Cest a cette ligne de demarcation que se termine le territoire 
"cede par PEspagne a la France en verlu de trait e de 30, Ventose, an, 
"9. La France n'avroit rien demande a PEspagne au deid de cette 
"iimite; et comme elle na fait que ubstituer les Etats Unis aux droits 
"quelle avoit acquis; ils ne peuvent pasexigerde PEspagne une con- 
cession de territoire plus etendue, a moins que cette concession ne 
<4 soit negociee et stipulee entre eux et PEspagne par quelqee con- 
tention ulterieuse." 

These expressions are so determinate and clear as not to permit 
ine t( make any further reflections on them, persuaded that the sim- 
ply reading them is sufficient for the conviction that as Spain did not 
think of ceding, nor France of acquiring West Florida by the treaty 
of San lidefonso, it is clear that the United States who have succeed- 
ed to the right of France, could not acquire that which she did not 
suppose to belong to her and which she has declared she did not ac- 
quire nor think of acquiring. This point appears to me so little sus- 
ceptible of doubt, after what I have said and had the honor to say to 
you excellencies in my letter of the 24th ultimo, to whose contents 
I again refer you, that I am confident the justice and well established 
good faith of the United States, will acknowledge that they cannot 
found any right to West Florida, from the treaty of San lidefonso. 

Concluding this letter, I cannot but declare my satisfaction to 
your excellencies, that I see by yours of the 8th, you are persuaded 
of my unalterable sentiments of respect and consideration for the 
United States, and also of my constant esteem for, and wish to please 
your excellencies, which I now have the honoY again to renew, pray-; 
ingto God to guard your lives many years. 

(Signed) PEDRO CEVALL03. 

dranjvez, Uth March, 1805. 



80 [155] 

No. 16. 

Messrs, Pinekney and Monroe to Bon Pedro Cevallos. 

Jlranjuez, March 16, 1805. 
SIR, 

We had the honor to receive, yesterday, your esteemed note of 
the lith, and are sorry to find that we still continue so distant in our 
opinions upon the subject of it. 

In our iast we gave your excellency so fully the view which our go- 
vernment entertains of the right of the United States to West Florida, 
and are still so firmly persuaded of their undoubted title to the same, 
that we think it unnecessary to remark further on that point. 

All the questions in controversy between us having been dis- 
cussed at length, and having been favored with your excellency's 
opinion on each of them, except the western limits of Louisiana, we 
now take the liberty to request you to furnish us with the same, in 
answer to our communication on that subject. 

We beg your excellency to accept the assurance of our profound 
consideration and respect. 

(Signed) CHAS. PINCKNEY. 

JAS. MONROE. 



No. 17. 

Messrs. Pinekney and Monroe to Don Pedro Cevallos. 

The undersigned, ministers plenipotentiary and envoys extra- 
ordinary of the United States of America, have the honor to inform 
his excellency Don Pedro Cevallos, that the length of time which 
has elapsed sinre their last note to his excellency, to which no an- 
swer has been given, induces them to suspect that his silence is in- 
tended as an intimation of his desire that the negotiation should 
cease. They are sorry to add, that the spirit with which the friendly 
advances and overtures of their government have been received, 
would leave no doubt in their minds, on that point, if his excellency- 
had not given them reason to expect, by his note of the 4rth instant, 
some propositions on his part for the fair and equitable adjustment of 
the differences subsisting between their governments. Having com- 
pletely fulfilled the orders of the President in proving by their com- 
munications, and byjhe time they have attended his excellency's 
propositions, the justice and moderation of his views, as well as of 
his friendly disposition and high respect for his catholic majesty, it 
remains that they should not bt unmindful of what they owe to the 



[155] 81 

government and country, which they have the honor to represent. 
It neither comports with the object of the present mission or its du- 
ties, to continue the negotiation longer than it furnishes a well found- 
ed expectation, that the just and friendly policy which produced it on 
the part of the United States, is cherished with the same views by 
his catholic majesty. Under such circumstances the undersigned 
consider it their duty to request of his excellency, information 
whether it is his desire to terminate the negotiation on the grounds 
it now rests. In case it is, they think proper, in expressing their re- 
gret at the result, to add that they shall not hesitate promptly to com- 
ply with it. But if it is-still his excellency's desire to continue the 
negotiation, they have to request that he will be so obliging as to give 
them the sentiments of his majesty's government, respecting the 
western limits of Louisana, and that he will also accompany it with 
such propositions as he may think proper to make, for the adjustment 
of the very important and interesting concerns between the two 
nations. 

The undersigned have the honor t© offer to his excellency the 
assurance, &c. 

(Signed) CHAS. PINCKNEY 

JAS. MONROE. 

His Excellency Bon Pedro Cev alios, 

First Secretary of State, £s?c. &?<:•. f 

4lranjuezj March 30, 1805. 



No. 18* 



Don Pedro Cevallos to Messrs, Pinckney and Monroe* 

Jlranjuez, March Si, 1805. 

GENTLEMEN, 

I have received your esteemed favor of yesterday, in which you 
are pleased to inform me, that the delay of my answering your fa- 
vor of the 15th, has made you suppose it was perhaps the disposition 
of this government to put an end to the negotiation in its present 
state. In answer, it is my duty to inform your excellencies, that it 
has always been the disposition of this government to continue, un- 
til concluded^ a negotiation which has for its object, a termination ot 
22 



82 [155] 

discussions that exist between the two countries, examining first each 
controverted point, and endeavoring to fix as far as possible the 
the rights of each country, to begin afterwards the negotiations that 
may be convenient to both: that with this view, and according to 
this plan, we have examined and discussed the greatest part of the 
said points. There is now remaining to treat only, respecting the 
western limits of Louisiana; on which point I promised to transmit 
to your excellencies the opinion of this government with the greatest 
despatch possible, as I have already assured you. Being very sorry 
that my many indispensable avocations, and the attention which a sub- 
ject of this nature requires, have not yet permitted me to execute it, 
and that your excellencies should have interpreted my silence since as 
a wish to put an end unseasonably to the negotiation. 

With demonstrations of my sincere respects, I renew to your ex- 
cellencies, &C. 

(Signed) PEDRO CEVALLOS. 

Messrs* Pinckney and Monroe, 



No. 19, 



Messrs. Pinckney and Monroe to Bon Pedro Cevalios. 

Aranjuez, April 9 , 1805. 

The undersigned, ministers plenipotentiary and envoys exraordi- 
nary of the United States of America, have the honor to inform his 
excellency Don Pedro Cevailos, that they consider his omission to 
answer their notes relative to the western limits of Louisiana, for so 
long a term, with his refusal to accept their propositions of the 28th 
January, or to propose any others in their stead, for the amicable ad- 
justment of the differences between the United States and Spain, as 
having evinced the sentiments of his majesty's government on that 
interesting subject in terms too strong to be misunderstood. By re- 
refusing to answer propositions until a discussion was ended, in the 
mode which his excellency thought proper to pursue, and declining 
to bring it to an end, even in that mode, within the term which natu- 
rally belonged to it, the indisposition of his government to such an 
adjustment, is as strongly declared, as if it was announced to them in 
form. They think proper to add, that by exacting of them in the 
commencement, a discussion in that very dilatory mode, they had 
even then anticipated unfavorably of the result. To their proposi- 



[155] 



.83 



tions which embraced every object, in a frank and explicit manner, 
they Jhad expected a correspondent answer. In discharge however 
of the great trust confided to them by their government, they were 
resolved to keep in mind, and to fulfil in the best manner they could, 
all its duties; among which they consider it an important one, not to 
fail in any circumstance of respect, which was due to his catholic 
majesty or his ministry. On that principle they entered into the dis- 
cussion, in the manner proposed by his excellency, although it was 
contrary to their inclination, to their judgment of what was proper in 
such a case, and to what was agreed between them in their first inter- 
view. They did so in the presumption that the discussion would be 
of short duration; that it would not consume more than a few weeks, 
before they reached its object, and that a conclusion of the negotia- 
tion afterwards, in one mode or other, would require a still shorter 
time. They well knew that the subject had been long before his ma- 
jesty's government, that every part had been acted on by it, and was 
of course well understood; they were aware also that the extraordi- 
nary mission which the president had appointed to his catholic 
majesty, had been announced to him, and been some time expected, 
by his ministry. Under these circumstances the undersigned could 
not doubt that his catholic majesty's government would be prepared 
to meet that mission on every point, and to terminate it with the ut- 
most promptitude. What however has been the result, and how has 
their accommodating spirit been requited? If the first indications were 
unfavorable, they have been fully confirmed since. The United States 
will be astonished to learn in what manqerthe friendly advances, and 
liberal overtures of their government have been received! That 
after exacting from their ministers a form of discussion which tended 
unavoidably to delay, his catholic majesty's ministers had ceased at 
length to discuss at all! 

The undersigned have thought proper to communicate to his ex- 
cellenc3^ their sentiments of what has passed, with that frankness 
which the nature of the subject requires, and which is due to the 
government and country they have the honor to represent. In con- 
formity with those sentiments, of the conduct of his catholic majes- 
ty's government towards the United States, at a period, which under 
existing circumstances, is made signal, by the proof which the Pre- 
sident has furnished of his strong desire to preserve the relations of 
friendshipbetween the United States and Spain, it might be expected, 
that considering the negotiation as thereby terminated, as in truth it 
essentially is, they would take the step whi,ch is incident to that state 
of things, and that Mr. Monroe retiring from Spain, would repair to 
his station at London. It is perhaps their duty to take that step at 
this time. They are however willing to make one further effort to 
accomplish the objects of the mission, and to add a new and solemn 
proof to those which already exist, that its failure, should such be 
the case, shall in no respect be attributed to their gjov^rnment or 
themselves. 



84 [155] 

With this view, whose just and friendly character will, they pre- 
sume, be duly appreciated, the undersigned have the honor to inform 
his excellency, that they shall still remain in Aranjuez a reasonable 
time, to receive from him such propositions on the part of his catho- 
lic majesty for the amicable adjustment of all subsisting differences, 
and other objects of interest, depending between the United States 
and Spain, as he may think proper to propose. With such proposi- 
tions, should any be made, they will be happy to receive any illustra- 
tion of them, which his excellency may be disposed to give. But it 
is proper to add that they consider it incompatible with their duty, 
to proceed in the discussion of the subject, or any part of it, until 
those propositions which are again invited, are presented to them: 
that they cannot view his continuing to withhold them, in any other 
light than as an explicit declaration that the further pursuit of the 
object of their mission is unacceptable to his catholic majesty. It 
may indeed be thought, that after having possessed his excellency 
with the propositions of their government, they compromitted its 
character, by proceeding in the discussion in any mode, before they 
received his in return. To that proceeding they were prompted by 
a spirit of conciliation, which may justify it to a certain stage. 
Should they however persist in it, after what has passed, they would 
forfeit all claim to that apology. 

In inviting again propositions of his catholic majesty for the 
amicable adjustment of the points depending between the two na- 
tions, the undersigned have the honor to repeat to his excellency, the 
assurance that they will receive them with the high consideration 
which is justly due to them. The sentiments of the government of 
France have been communicated on two points which grow out of 
the treaty between the United States and that power. The senti- 
ments of one party to a treaty, as is well known, cannot affect the 
rights of the other, in points which arise between the parties them- 
selves; much less in those which have reference to a third power un- 
connected with it; nor ought they to influence its judgment, if the 
other party is an independent power, as the United States are. This 
principle which is invariable, is more especially sound in the cases 
referred to, for the reasons which have been heretofore given. The 
sentiments however of his majesty the emperor of France on those 
or any other points, in which the United States are interested, espe- 
cially such as grow out of their treaties, are entitled to much consid- 
eration on their part. The undersigned have not failed to bestow it 
on those, which have been communicated to them by his excellency, 
as have been shown by their replies. They shall also be ready to 
show it, in the treaty they are desirous of forming with his catholic 
majesty, so far as a due regard to the rights of the United States and 
their indispensable duty will permit. The propositions which the 
undersigned had the honor to present to his excellency on the 2Sih 
January last, which embrace the whole subject, are in their judgment 
'ounded, in every particular, in the strictest principles of justice. 



[155] 



85 



They are such as the President ordered theni to propose; they are 
such as he expects that his catholic majesty, from his known regard to 
justice, will not hesitate to adopt. They think proper however to add 
that in receiving the propositions which his catholic majesty may make 
for the amicable adjustment of those important concerns between 
the two countries, should any be made, and a difference in opinion 
appear on any point, they are disposed to do every thing to 
conciliate an agreement which their instructions will permit. It is the 
sincere desire of their government to adjust amicably, at this time, 
with his catholic majesty, all these high concerns, in a firm belief that 
the interest of both countries would be essentially promoted by that 
result. To accomplish it, the undersigned will omit nothing on their 
part, which it is in their power to do. 

The undersigned have the honor to inform his excellency, that they 
expect an early answer to this communication, and that by it will 
their future conduct be governed. They consider the negotiation as 
essentially terminated by what has already occurred, and if they pur- 
sue it, it will be only on the proof of such a disposition on the part of 
his catholic majesty's government, as shall convince them, not only 
that all form and delay will be dispensed with, but that there is just 
cause to conclude that it will terminate to the satisfaction of the 
United States. Having acquitted themselves, in every particular, to 
what was due to the just, the pacific, and friendly, policy of their go- 
vernment, it remains that they should not be unmindful of what they 
owe to its honor, its character, and its rights. If his catholic majes- 
ty is disposed to adjust these important concerns, by an amicable ar- 
rangement between the two powers, on fair and equal terms, it may 
be easily and speedily done. Each party knows its rights, its inter- 
ests, and how much it ought to concede, in a spirit of conciliation, to 
accomplish the objects of the negotiation. The undersigned feel the 
force of that sentiment, and will not fail to respect it. Should his 
catholic majesty's government however think proper to invite another 
issue, on it will the responsibility rest for the consequences. The 
United States are not unprepared for, or unequal to any crisis which 
may occur. The energy which they have shown on former occa- 
sions, and the firmness of their past career, must prove that in sub- 
mitting with unexampled patience to the injuries of which they com* 
plain, and cherishing with sincerity the relations of friendship with 
his catholic majesty, no unmanly or unworthy motive has influenced 
their conduct. 

The undersigned request, &:c. 

(Signed) CHS. PINCKNEY^ 

J AS. MONROE. 



86 [155] 

No. 20. 

Don Pedro Cevallos to Messrs. Finckney and Monroe. 

Aranjuez } April 9, 1805. 

GENTLEMEN, 

In my letter of the 21st February, and 14th March, I had the 
honor to explain to your excellencies the incontrovertible reasons on 
which his majesty founded his right to West Florida. I showed to 
your excellencies, among other things, that the United States could 
not pretend to more right nor to more extent of territory than France 
Irad acquired by the treaty of St. Ildefonso: And that confessing, as 
France confessed, that she had not acquired, or thought'of acquiring, 
by the said treaty, territory eastward of the Iberville, neither could 
she transmit to the United States any right over it. 

Besides what 1 have said in the said notes, I consider it as in- 
dispensable to hand to your excellencies the adjoined copy of a note, 
which the minister of exterior relations has addressed to the charge 
d'affaires of his majesty at Paris, under date of the 26th ultimo,* 
showing in the most positive terms that France neither acquired any 
territory to the east of the river Iberville, nor has transmitted any to 
the United States; which declaration ought, in my opinion, to remove 
the most remote idea of doubt upon the subject, as very pointedly ob- 
serves the minister of foreign relations of France, "faire connoitre 
les droits que la France avoit aquire c'est indiquer Petendue et les 
limits de ceaux qu'elle a transmis au government federal." 

It not being possible, in my opinion, to contradict the evidence of 
this proof in favour of the rights of his majesty over West Florida, 
it will be conformable to the good faith of both governments, and 
contribute very much to facilitate the course of the present negotia- 
tion, that it should be considered as established between us, and as 
indubitable, that the United States have not acquired any right to 
West Florida. Being about to enter immediately into the examina- 
tion of the western limits of Louisiana, it cannot do less than em- 
barrass the course of the discussion, to leave behind and still depend- 
ing a point which has been proved even to demonstration. The ac- 
knowledgment of the right of his majesty over West Florida, by the 
American government, which was not more than an act of rigorous 
justice on their part, will facilitate and simplify very much the course 
of a negotiation, which has for its foundation the good faith of both 
governments, and their wish to terminate their differences. 

I renew to your excellencies the testimony of my distinguished 
consideration, &c. 

(Signed) PEDRO CEVALLOS. 

P. S. April 10th. After writing and signing this I received the 
esteemed letter of your excellencies, of yesterday, to which I will an- 
swer as soon as possible. 



• cir.mumc 



ai ed to Congress 1 ' tl: M^.ch, ir.tbe correspondence of Den Luis de Onis, 



[155] 87 



No. 21. 

Messrs, Tmckney and Monroe to Mr, Cevallos, 

Aranjuez, April 12th, 1805. 

SIR, 

We have the honor to acknowledge the receipt of your excel- 
lency's note of the 6th, with an extract of one from the minister of 
foreign relations of France to the charge d'affaires of Spain, relative 
to the eastern limits of Louisiana. 

Having had the honor to inform your excellency, in our note of 
the 9th, that we considered the negotiation as essentially terminated 
by the disposition which his catholic majesty's government had 
shown, and the part it had acted in it, and that we deemed it incom- 
patible with our duty to proceed in the discussion of the subject, or 
any part thereof, until we were furnished with his catholic majesty's 
propositions for the adjustment of the whole business, we have only 
to refer, in reply to this communication of your excellency, to what 
was stated in that note, on the most solid reasons. As soon as your 
excellency complies with that request, we shall endeavor by all the 
means in our power, in the sentiment expressed in that note, to mani- 
fest) the high respect of the United States for his majesty, the empe- 
ror of France, and their disposition to conciliate in the treaty they 
are desirous of 'forming with his catholic majesty, the mutual inter- 
est of both countries. 

We repeat our desire to be furnished as soon as possible wish 
your excellency's propositions, which have heretofore been so often 
requested in vain, for the adjustment of all the points that are de- 
pending between the two nations. If it is the disposition of his 
catholic majesty's government to meet in this negotiation the friend- 
ly advances and overtures of the United States, there can be no mo<* 
tive for longer delay. But if the contrary continues to be shown, 
we shall hasten to withdraw from a situation, which, while it 
compromits the character of our government, cannot be agreeable to 
ourselves. 

We beg your excellency to accept the assurance of our high res- 
pect and esteem. 

(Signed) CHS. PINCKNEY, 

JAS. MONROE. 



88 [155] 



No. 22. 

(Translation.) 

Mr. Cevalhs to Messrs. Monroe and Pine kney. 

wlranjuezy April ±3th 9 18l5. 
GENTLEMEN, 

Complying with my promise, I proceed to examine in this letter, 
the opinions of my government on the western limits of Louisiana, 
following the plan established from the beginning, proposed by your 
excellencies and adopted by me, to examine each of the points de- 
pending between us, and determining, as far as possible, our respec- 
tive rights on each. But before I proceed to the question, I should 
be wanting in the respect I owe my own government, to those con- 
siderations to which my public character will not permit me to be in 
attentive, and also to that of which I believe I have not been unde 
serving in my private one, if I did not state to your excellencies my 
surprise, at reading your esteemed letters of the 30th March, and 9th 
of the present month. It is only fifteen days since I had the honor 
to write to your excellencies my last note relative to the eastern 
limits of Louisiana, to which your excellencies did not find it conve- 
nient to answer except in the general terms, that we did not agree, 
and that we would pass to the other point of the western limits of 
Louisiana; and on the 30th March, notwithstanding my promise and 
my word given, that I would treat the last dependiogrpoint as I had 
done the rest, your excellencies supposed that you ought to state to 
ine, that my silence for those days had induced a belief in you, that 
I intended it as an intimation of my wish to end the negotiation. On 
a view of a discussion pursued with so much punctuality and activi- 
ty on all the controverted points, it appears to me as more natural, 
not to say more just, that your excellencies should have believed that 
the nature itself of the point, I was about to treat, or the indispensa- 
ble occupations of my ministry, might have occasioned the delay, 
than to suspect that I wished to put an end to the negotiation, thereby 
breaking my word which I had pledged. My delicacy not permitting 
me to suffer such a suspicion to remain in the breasts of your excel- 
lencies, I stated in my letter, of the 31st ultimo, the sensibility which 
this had caused me, the motives which had prevented my writing 
more quickly upon the point of the western limits of Louisiana, and 
lastly, I reiterated my promise to do so with all the despatch possible* 

Notwithstanding this, your excellencies have thought proper in 
your note of the 9th, to insist upon what you call, my omission, and 
say, that the ministry of his majesty intend to cease the discussion 
entirely, with other assertions to the same effect, which cannot do 
less than make me feel very much, both as they respect my public 
and private character. 



[155] 



89 



In answer to all these, I shall confine myself to only stating to 
your excellencies, that the nature of the point itself, which 1 am 
about to treat, has been the cause of the small delay "which I have 
had the misfortune to have so unfavourably interpreted by your ex- 
cellencies. 

The question Upon the western limits of Louisiana is not a point 
Which can be examined or discussed, upon viewing one or two docu- 
ments* or other pieces of a kind which may be possessed, at the first 
view. To treat this point with exactness, it is necessary to examine a 
collection of plans and documents and historical relations, which in- 
clude a space of more than one hundred and fifty years. 

These documents are not to be found in the department under 
my care; many of them belong to the department of the interior, be- 
sides those which are in the viceroyalty of Mexico. It has been ne- 
cessary to search and examine those which are here, and to give them 
a certain classification. 

It was my intention to form a memoir which should comprehend 
all the most important topicks, accompanying them with the necessary 
maps and plans, and handing them to your excellencies, being anx- 
ious to make the opinions of my government appear with all the ex- 
actness, which fhe nature of the subject would permit; but the man- 
ner in which your excellencies express yourselves, in your said letters, 
is a sufficient excuse for me to alter my plan, and reduce it to a few 
pages, that I may not still lengthen a delay which has given rise to 
such disagreeable suspicions. 

The western limits of Louisiana never having been fixed, in the 
exact manner which can be done in territories, sufficiently peopled, 
and of small extent, it ought, necessarily, at the time of fixing them, 
to be the object of a negotiation, in which both parties should be 
agreed, as to the principal bases, and by a commission of limits* 
which should regulate themselves by those bases, in fixing the demar- 
cation. 

The principle which ought to serve as a rule for the establish- 
ment of the said bases, cannot be any other than the knowledge of -he 
possession, which each party had acquired in these territories, and 
the different establishments made by each in the said places, by the 
Spaniards, in the province of new Spain, and also those belonging 
to Louisiana, drawing a line which shall divide the one from the 
other side, and continuing it by the most natural points of demarca- 
tion possible. It results from this principle, that the examination 
into the above named limits, is in a great degree historical, as it treats 
of the fixing the origin of many Spanish establishments, of the inte- 
rior provinces of the French establishment of Louisiana. 

If it had been proper to enter into a detailed examination at pre- 
sent, I would make a succinct historical detail of the Spanish estab- 
lishments in the interior provinces of new Spain; but not to molest 
your excellencies, with details that may be inconvenient at present, 
I will confine myself to saying something on the province of Texas, 
bounding on Louisiana, upon the demarcation of which depend the 

23 



90 [155] 

present questions. The province of Texas, where the Spaniards 
have had settlements from the seventeenth century, bounds by the 
east with Louisiana, and contains the extensive country which lies be- 
tween the river Medina, where ends the government of Coaquila, to 
the post now abandoned, of Nuestra Senora del Pilar, of the Adaes, 
which is distant a few leagues from the fort of Natchitoches, 20 
leagues from the mission of Ais, 40 from that of Nacogdoches, 150 
from the abandoned post of Orquisau, 200 from the bay of Espiri- 
tu Santo, and 40 from the post of St. Antonio de Bejar. 

It is beyond all doubt, that in the year 1689, by a commission 
from the viceroy of Mexico, the marquis de Moneloua, captain Alonzo 
de Leon, who was then governor of the province of Coaquila, went 
to examine the bay of Espiritu Santo, and the river St. Mazers 
which empties into it, to whom the Indian chief of Texas presented 
himself, in the most friendly manner, and in 1690, he took posses- 
sion of the territory and founded the mission of St. Francisco of 
Texas. 

By a royal order of his catholic majesty, November 12th, 1692, 
they ordered new discoveries to be made in the said province, by 
land and sea, which was, in consequence, then executed, and among 
other things, they undertook the examination of the river Codachos. 
Twenty-two years after, the duke of Linares, being then viceroy 
of Mexico, introduced from Louisiana, as far as the Spanish post of 
St. Juan Baptista, a Frenchman, Louis St. Denis, and three other 
Frenchmen, from Louisiana, with passports from the governor of 
Louisiana to buy cattle in the Spanish missions of Texas; which 
Frenchmen were carried to Mexico, and then the fourth expedition 
was resolved upon to Texas, naming as chief of it the Alferez, Don 
Domingo Ramon. 

The expedition was received with inexpressible friendship by 
the Indians; and the captain, Ramon, named chief of the said Indian 
nations, and also son to the governor of Texas, and he left there, 
founded, the four establishments and missions ®f St. Francisco, la 
Purissima Conception, St. Josef, and Nuestra Senora de Guadaloup, 
situated seven leagues from Natchitoches. 

By the royal order in 1719, they made'various alterations in the 
command of the Spaniards employed in the province of Texas, and 
a little after died the said captain Ramon, in the post of St. Juan 
de Baptista on the river Grande. 

"War having broke out between Spain and France during the re- 
gency of the duke of Orleans, the French attacked the Spanish mis- 
sion of Adaes, and its inhabitants were transferred for the moment, 
to the post of St. Antonio de Bejar. But the viceroy of New Spain, 
the marquis de Valero, accepted the generous and honorable propo- 
sal which the marquis St. Michael de Aguago, made, offering his 
purse and person to dislodge the French of what they had unjustly 
seized and occupied, and to make war upon them* 



[155] 



91 



On being named governor general of the new Philipines, or 
province of Texas, and of new Estremadura, the marquis of Aguago 
raised 500 dragoons and two companies of cavalry, and undertook 
his march for the province of Texas in 1719, and without opposition 
arrived at the Adaes, the French having returned to the post, 
Natchitoches. 

The king of Spain being informed of this expedition, and the 
recovery of the province of Texas, determined to fortify it, and that 
all hostilities should be suspended against the French. 

The marquis de Aguago re-established the other missions, and 
founded other establishments, among them the posts of Nuestra 
Senora del Pilar de los Adaes, that of Loreto on the bay of Espiritu 
Santo, that of Dolores which is now known by the name of Orqui- 
sau, and improved the situation of St. Antonio de Bejar, by placing 
the establishment between the rivers of St. Antonio and St. Pedro. 
The province of Texas being thus at peace and re-established and 
increased, the marquis of Aguago solicited the re-union there, of 
200 Tlascalan families, and as many from Galicia, in Spain, and the 
Canaries, and with some of these families, the King having agreed 
that 400 families should go from the Canaries, they peopled the vil- 
lage of St. Fernando close to the post of Bejar. 

At the end of the year 1730, the Spaniards undertook several expe- 
ditions from the post of Bejar towards the north of the said province, 
on account of a disagreement with the Indians. In 1758, the Indians 
made an attack from the northern part on the post of St. Saba, and 
killed some soldiers and priests, on which account a detachment was 
ordered against the said Indians, under the command of colonel Dn. 
Diego Ortiz de Parilla. 

A little after it was determined to organize a general and uni- 
form establishment of posts to cover the interior provinces of new 
Spain, and they ultimately gave a commission to the marquis de Rubi 
to go and revisit and examine their state; and the result of this com- 
mission, which it appeared lasted some years, was, that on the 10th 
September, 1772, the regulation of posts had so extended itself as to 
establish a cordon of them from the coast of Senora to the bay of 
Mexico, where was situated the bay of Spiritu Santo, there being 
then in the province of Texas, those of St. Antonio de Bejar and 
that of the bay of Spiritu Santo, having neglected that of Orquisau 
and that of Nuestra Senora de los Adaes, which were no longer use- 
ful, as Spain was then the mistress of Louisiana. 

From this simple and short explanation of those notorious and 
authentic facts, to prove the truth of which, we find the most incon- 
testable documents, supported by uninterrupted possession, results 
evidently the antient and exclusive right which the Spaniards have 
to the province of Texas; that the possession of the province of Tex- 
as was acknowledged and respected by the French while they pos- 
sessed Louisiana, and that the said province is belonging, and has 
always belonged, to his majesty. 



9? [155] 

That claim must be extremely illusory and unfounded which 
shall attempt to carry the western limits of Louisiana to the Rio 
Bravo, including therein great part of the interior provinces of New 
Spain, acquired and established at the cost of the treasures of Spain, 
and the blood of her subjects, as has been proved to demonstration 
in the case of Texas, and can be strengthened, more and more, by a 
continued series of events and proofs relative to the said province 
of Texas, and others of the interior provinces of new Spain, and 
also the acts and dates now existing respecting this subject. There 
are also many despatches, maps, and documents respecting this ques- 
tion to be found in the viceroyalty of Mexico, which is the principal 
centre of authority for all these provinces. On my part I have read 
with the greatest attention, the memoir on the limits of Louisiana, 
which your excellencies enclosed me in your note of the 28th Janua- 
ry, anxious to see, if any thing could be found to support or give a 
color to the claim of the United States to carry their limits to the 
Rio Bravo; but the said memoir goes principally to treat of the es- 
tablishment of Louisiana. I only find that your excellencies support 
the claim first in a gratuitous supposition that the coast belonged to 
France, a supposition which is contradicted by the most positive acts 
and dates above mentioned, by which it is proved that the province 
of Texas, and its coast, are belonging to the dominions of his majes- 
ty. And in the second place, in the general terms of the patent 
granted by Louis the XIV, in September, 1712, in favor of Anthony 
Crosat, granting him the exclusive commerce of the country of Lou- 
isiana, whose extent was, as your excellencies understand it, with all 
the waters which, directly or indirectly, discharge themselves into the 
Mississippi and the countries which they water. It would be very 
easy to make it appear that the most exaggerated claims of France 
never had the extent which your excellencies wish to give to Louisi- 
ana on this side; but even if they should have had such claims, or 
Fiance should positively have tried to include, under the name of 
Louisiana, the territories which his catholic majesty possessed, what 
r:ght or claim could be founded in a document which Spain never 
has recognized, nor does recognize, and which never could prejudice, 
in any manner, her acquired rights ? The answer of Spain, on this 
occasion, is as simple as just— that if Louis the XIV, or the govern- 
ment of France, exceeded its power in granting territories, or rights 
over territories, which were not their own, or which Spain claimed pos- 
session of, or property in, that grant ought to be considered as null, 
as far as it extended over these territories, and that it flowed, without 
doubt, from the total ignorance which prevailed in those days, with 
respect to the geography of the territories situated at a little distance 
to the west of the Mississippi, and of the establishments of the 
Spaniards in those parts. More ancient, and proved by repeated 
acts of possession, than the aforesaid patent of Louis the XIV, is the 
royal order of the 12th November, 1692, already cited, by which his 
catholic majesty ordered them to make new expeditions to the Texas; 



[155] 



m 



$ind the same are the other authentic acts and establishments of the 
Spaniards in that quarter. The limits between Louisiana and the 
Texas have been always known, even when the French possessed 
Louisiana. Near the beginning of the last century the venerable 
Margel, of the order of St. Francisco, founded, in the province of 
Texas, towards the confines of Louisiana, different missions, among 
them, that of Nacogdoches; and a few years after, he wrote and it 
was generally known in the writings of those times, that the pro- 
vince of Texas or new Philipines had its boundaries about the mid- 
dle of the Gulf of Mexico to Poncenes, the Rio Grande to the west 
and to the east Louisiana. Depending on Louisiana, we find upon 
the river Colorado, which discharges into the Mississippi, the post of 
Natchitoches, which the French took from Spain. But at seven 
leagues from this you find the aforementioned post of Nuestra Se- 
nora de los Adaes belonging to the province of Texas, and it is un- 
doubted that the baron de Riperda, being governor general of this 
province, and successor of Dn. Angel de Manos, appears to have 
made treaties and conventions with the Indians of the same province 
of Texas, stipulating that the Spaniards might make among them 
such establishments as they pleased, acknowledging from that time as 
depending on the province of Texas, the Indians, Styses, Naugdo- 
ches, Asinaes, Nabedacues, Vidais, Orquisaus Malayes, Ocuanes, 
Tancaques and Apaches. To the year 1770, there always was in the 
fort of the Adaes, from the time of its establishment, a competent 
number of Spanish soldiers, and the same in that of Orquisaro and 
St. Saba, and it was not until the year 1773, that the Lieutenant Dn. 
Josef Gonzales, evacuated the post of Adaes whose garrison was no 
longer necessary, as Spain possessed Louisiana. 

It follows, therefore, that the boundary between the provinces 
of Texas and Louisiana, ought to be by a line, which beginning at the 
Gulf of Mexico, between the rivers Care cut or Cascasiu, and the Ar- 
menia or Marmentoa, should go to the north, passing between the 
Adaes and Natchitoches, until it cuts the Red River; and, as from 
this point the limits which ought to be established on the northern 
side are doubtful and little known, it appears indispensable to refer 
them to the^prudent investigation of commissioners to be named by 
both parties, in order that they, viewing the territory, and having 
with them the documents and dates that will be given them, rectify- 
ing what ought to be rectified, and furnishing the necessary light to 
both governments, upon limits which have never been fixed or de- 
termined with exactness, may be thus enabled them to fix the demar« 
cation completely conformable to the wishes of both. 

With these ideas, the government of Spain, ever since it had de- 
finitively fixed the retrocession of Louisiana to France, named a com- 
missioner of limits, destined to complete this important object jointly 
with the commissioners France might think proper to name on hei? 
part. ^ In the same manner, it appears to me indispensable to do this 
nov^, if the demarcation is to be made with the necessary exactness, 
\and that the United States naming on their part a commissioner of 



94 £1553 

limits, they should proceed by common accord, and make upon the 
territory the investigation which may be necessary. It is more than 
a year that the brigadier general the Marquis de Casa Calvo, and 
the engineer Don Josef Martinez, have, with a sufficient number of 
persons to form the said commission, on the part of his catholic ma- 
jesty, been waiting in New Orleans the arrival of the commissioners 
of the United States, to begin their labors. It is only after the re- 
searches and investigation of the commissioners of both parties, fur- 
nished with such instructions as may be proper, that we can pursue 
the exact demarcation of limits, which, never before having been fixed 
with the requisite exactness, cannot now be determined upon with pru- 
dence, but upon a view of the territory, and having present the dates 
and documents necessary to illustrate the subject. Although upon 
this point of the western limits ©f Louisiana, I could have extended 
myself much more in detail, and accompanied my illustration with 
maps and documents, my wish to answer your excellencies on this 
point with promptitude, prevented me; I, however, reserve to my- 
self the power of doing so hereafter, should it be necessary. I hope 
your excellencies, on viewing what has been urged on this point, will 
please to state to me your opinions upon this subject, and that you 
will acknowlege, that as well in it as in the whole course of the nego- 
tiation, I have not deviated a jot from the principle proposed by your 
excellencies in your first letter of the 28th January, and adopted by 
me in that of the 31st of the same month. "Each of the points de- 
pending between the two governments ought to be examined impar- 
tially, and all motives of complaint and inquietude, considered and 
terminated amicably; to do which, &c." 

As I had the honor to state to your excellencies in my letter of 
the 5th March, and believe \t indispensable to repeat here, on perusing 
the contents of your excellencies letters, of the 30th March, and 12th 
April, I cannot but still consider it as premature to enter upon the 
forming of projects for a convention on the whole, or upon the aggre- 
gate of the depending points, without analysing them first, at least to 
a certain point, and without fixing the rights of each country as far 
as possible; because, as your excellencies must know extremely well, 
before we can proceed to a convention on the whole, it is necessary 
to know, as far as possible what are the rights and obligations of his 
majesty, and what are the rights of the United States, and their ob- 
jections; which knowledge, by detail, ought to be the foundation of 
the negotiation, it being clear, that according to the extent which we. 
believe the right and obligations of the one and other party ought to 
be, so ought the convention upon the whole to be the more or less. 
extensive. 

I hope to have the honor of receiving your excellencies' answer 
on the point which is the object of this letter, and reiterate to you 
the demonstrations of my distinguished consideration, &c. 

(Signed) PEDRO CEVALLOS, 



[155] 93 

No. 23, 

Messrs, Tinckney and Monroe to Don Pedro Cevallos* 

JlranjueZj April 2,0th, 1805 a 

SIR, 

We had the honor to acknowledge the receipt of your excellency's 
note of the 13th, to which we hasten to give a reply. It is not without 
much surprise, that we find by it that your excellency should have 
construed the apprehension which we expressed in our note of the 30th 
ult. that you intended by your silence, in not answering ours res- 
pecting the western limits of Louisiana for so long a term, to inti- 
mate a desire to terminate the negotiation at that point, as conveying 
any unfavorable imputation to your excellency, either in your public 
or private character. We do not hesitate to disavow any such intention, 
and to assure you, that nothing was more remote from our views. Iri 
making this frank declaration, we must be permitted to add, that we 
do not think that that note, or any other that we have written, ought 
to have had such an interpretation. We are persuaded, that in all 
negotiations, each party has a right to terminate that in which it is 
engaged, whenever it thinks proper, and that it is responsible for so 
doing to its government alone. This right seems to be incident to 
the very nature of such transactions, and not to be restrained by any 
promise made in the commencement or afterwards by either party, 
of what it proposes to do in the sequel, in respect to the mode of pro* 
secuting it. Such promise must always be made on the idea, and be 
so understood by the other party, that the negotiation will be conti^ 
nued. It can never be construed in such a manner as to compel the 
party to continue it, in case any thing should occur to make it impro~ 
per in its judgment so to do. It was in this light that we considered 
your excellency's promise, and were> therefore, far from supposing 
that in making the inquiry which we did, under existing circum- 
stances, we violated any rule of decorum or delicacy. Whether there 
was sufficient cause for the impression we had taken in that respect, 
we will not pretend to say. It is, however, most certain, that we 
thought there was, and for the following reasons: 1st. Because un- 
uai delay had occurred since our last communication, which we 
could not otherwise account for. 2d. Because as your excellency had 
repeatedly insisted on the relinquishment of the claim of the United 
States on Spain, to compensation for French spoliations within her li- 
mits, and seemed in your note of the 15th, to make the continuance of 
the negotiation dependent on that issue, we were naturally led to sus- 
pect, on our repeating the assurance that we were decidedly of a con- 
trary opinion, and could not abandon the claim, especially after so 
long an interval, that you had come to that resolution. Having this 
view of the subject, we did not know but that your excellency had 



96 [155] 

adopted that mode of making known to us the views of your govern- 
ment, as the one which was deemed most suitable to the purpose, and 
had even expected such an application on our part, to lead to a more 
full and explicit declaration of them. In making the application, 
which we did with regret, we followed no rule, but were governed by 
an impulse which the occasion excited, and we trust merits to be con- 
sidered as an honorable one; one to which your excellency has shown 
too great a sensibility, or you would not have so much misconstrued 
our meaning. We repeat, therefore, that we neither intended, nor do 
we think that any of our letters ought to be construed, to convey any 
imputation unfavorable to your excellency in your public or private 
character, for which we renew the assurance of our high considera- 
tion and respect. 

Our note of the 9th instant, (for that of the 12th was only found- 
ed on it,) was intended as a justification of the part, which, under ex- 
isting circumstances, we deemed it our duty to take. We intended 
it as a justification of our conduct equally to his catholic majesty's 
government and our own. We were of opinion, for the reasons 
therein stated, that as there was no prospect of obtaining an accord 
on such terms as our government thought reasonable and just, and 
as our government and ourselves were compromitted by the manner 
in which the negotiation continued to be conducted, that it was not 
only useless but highly improper for us to pursue it. It is usual in 
all negotiations, especially in important concerns, for one of the par- 
ties to present to the other a project of a treaty or convention for the 
arrangement of the objects in contemplation, founded on his instruc- 
tions; and to receive from the other party a like one in return, incase 
any difference of opinion, on any point, appeared between them. It 
is by an exchange of such projects that the views of their respective 
governments are seen, and each party is enabled to determine at 
once whether there is any prospect of an agreement, and to act ac- 
cordingly; it is by such exchange that the points of agreement and 
difference between them are shown, and that the topicks of discus- 
sion are distinctly marked, in case the negotiation is carried to that 
length; it is in short by it, and by it alone that the basis of the nego- 
tiation is formed, and the parties to it placed on equal ground. When- 
ever this rule is departed from, it must be to the disadvantage of the 
party, whose case forms an exception to it. It is in the power of the 
other to continue the negotiation, as long as he things fit, and finally 
to break it off, if he is so disposed, on his own terms. When we did 
ourselves the honor to present to your excellency on the 28th of Janu- 
ary our project of the arrangement of the points in question, with 
our note explanatory of it, it was in the expectation that we should 
have received a counter one in return, in case its conditions were not 
approved, with a note explicit to every point. We do not say that an 
express agreement to that effect was entered into: but as it was agreed 
that we should commence the negotiation in that mode, and as it was 
known to be the established usage in such cases, we concluded that 



[155] 



97 



the business would necessarily take that course. In that expecta- 
tion however we were disappointed in both respects, It was perhaps 
our duty to have declined proceeding m the negotiation until we 
were furnished with such a communication, and had we done so, we 
presume it could not have been refused. By proceeding in it as we 
have done, in the mode adopted by your excellency, we were govern- 
ed, as heretofore observed, by a spirit of conciliation, in the belief that 
in that mode we should obtain the same end, without any eseential 
difference in point of time. In this latter respect we were also dis- 
appointed. Your excellency has repeatedly observed that you had 
followed the mode which we had recommended; but you will per- 
mit us to remark that in this respect your excellency has altogether 
misapprehended our idea, in one of its most important features. We 
said it is true, in our first note, that it was proper to ascertain the 
rights of each nation on each point, and we still say so. But did it 
follow from thence that we were willing to dispense with the ordina- 
ry mode of proceeding in such cases? With a just claim to a counter 
project or to propositions from you government ? Did we consent to 
a mode of discussion in which each point should be made the subject 
of separate notes, and that these should be subdivided and each 
subdivision become so? A mode which tended to create unavoidable 
delay. Most certainly nothing can be found in any communication 
from us, which gives the slightest sanction to such a mode of pro- 
ceeding. It differs altogether from that which we expected would 
have been pursued in the negotiation, it is contrary to that in which 
we commenced it, and it has been the subject of serious and frequent 
complaint on our part since. It was after we saw with regret that 
three months had been thus consumed without effect; that unusual and 
unexpected delays had taken place in the discussion, which seemed 
likely to be protracted to an indefinite length of time; that no basis of 
the negotiation was laid; no propositions were presented, though often 
requested with as much earnestness as delicacy would permit; and 
that to those which we did ourselves the honor to present, we were 
answered, not in a spirit of accommodation, but with demands that 
we should surrender unconditionally the just claims of our govern- 
ment in some of the most important points, that we wrote that letter. 
To a situation so improper it was impossible for us to remain longer 
insensible. We could not but recollect, independent of the justice 
of our pretensions, that some consideration was due to the friendly 
and respectful advance that was made by our government; that spe- 
cial missions in their nature require despatch, and generally receive 
it; that on former and important occasions those of the United States 
had received it, fromFrance, Spain and Great Britain ; that to the pre- 
sent one, by many causes, the public sensibility had been much excit- 
ed, and that our government waited with anxiety the result; invaddi- 
tion to which that one of the parties to it was the representative of 
the United States at another court, where their interests suffered by 
his absence. It was on a full view of these circumstances that that 
24 



98 [155] 

measure was taken, circumstances which appeared to us to be too im- 
perious to leave any cause for hesitation. In writing the letter we 
meant as already observed, to vindicate our own conduct to both gov- 
ernments. We did not mean in the slightest degree to call in question 
the right of his catholic majesty's government to manage the negoti- 
ation, or to conclude it, in such mode as it thought (it. We only claim- 
ed to ourselves a right to withdraw from it, and report the result to 
our government, when it appeared to us impossible, after making 
due exertions, to accomplish the objects of our mission. 

In our letter of the 9th, we invited again your excellency's pro- 
positions, which have not been furnished. Your excellency has, 
however, furnished us with your observations on the last point of 
discussion, that of the western limits of Louisiana, by which the 
negotiation approaches a conclusion in its ordinary form, by treaty or 
otherwise, which your excellency seems desirous to give it. Our 
wish has been invariably the same on this point, and we now feel 
ourselves called on to give a new and signal proof, under existing 
circumstances, of our disposition to conciliate. Anxious to adjust 
at this time the subsisting differences, and to place the relations of 
the two countries on a basis of permanent friendship, by arrange- 
ments founded on their common interest, we will not put to hazard 
those great concerns, by any act which may possibly impute the fai- 
lure to us. Influenced by these considerations, we shall proceed to 
discuss this last point in reply to your excellency y s note, although 
the propositions have not been furnished, in the expectation that af- 
ter the discussion on this point is finished, as we trust it hereby will 
be, we shall experience on your part an equal co-operation to con- 
clude the negotiation itself, with the utmost promptitude* 

We have gone thus into detail, to place in its true light the part 
we have acted in these concerns, and the motive of it. The present 
negotiation naturally forms an interesting epoch in the political rela- 
tions of the two powers; and it is important to the United States 
that it should be seen that nothing was omitted on their part, which 
was due to the claims of justice and good neighborhood on. the part 
of his catholic majesty. 

In examining the question respecting the western limits of Loui- 
siana, we are to be governed by those facts and principles which 
would have been applicable to France, had she never parted with the 
province. All the rights which she formerly possessed over it were 
restored to her by the treaty of St. Ildefonso, and by her transferred 
to the United States by that of Paris, 1803. To ascertain these, it 
is necessary to go back to that epoch, when the river Mississippi, 
with the waters which empty into it, and when the bay of St. Ber- 
nard, were first discovered. The boundary to the west was never 
traced by an exact line of demarcation between that province and 
the possessions of Spain; and in settling it at this day, the same prin- 
ciples and facts must govern as if it had been then made. 

The facts which are material in the case, are such as relate to 



[155] 



99 



the discovery and possession of the territory referred to, by the sub- 
jects and under the authority of each nation. The principles are 
those which have been recognized by European powers in similar 
transactions, and which of course ought to govern in the present one. 
It is by a correct view of the material facts, and the faithful applica- 
tion of these principles to them; that the rights of each nation will 
be established in this point, and thereby the boundary between tbem. 

By the memorial which we had the honor to present to your 
excellency on the 28th January last, the epoch of the discovery of 
the Mississippi and the waters which empty into it, and of the bay 
of St. Bernard, and of the taking possession of the same, and of the 
country dependent thereon, is proved by documents which cannot 
be questioned. By these it is established in respect to the Missis- 
sippi, its waters and dependent country, as low down the river as the 
Arkansas, by the Sieurs Joliet and Marquette, from Canada, as early 
as the year 1673, and to its mouth by the father Hennepin, in 1680, 
and by de la Salle and Tonti, who descended the river with 60 men 
to the ocean, and named the country Louisiana in 1682, and in re- 
spect to the bay of St. Bernard in 1685. This was done at those pe- 
riods in the name and under the authority of France, by acts which 
proclaimed her sovereignty over the whole country to other powers, 
in a manner the most public and solemn, such as making settlements 
and building forts within it. Of these it is material to notice in the 
present inquiry two only, which were erected in the bay of St. Ber- 
nard on the western side of the river Colorado, by M. de la Salle*, 
who landed there from France with two hundred and forty persons 
in 1685. It was on the authority of the discovery thus made, and 
of the possession so taken, that Louis the 14th granted to Anthony 
Crozat, by letters patent, bearing date in 1712, the exclusive com- 
merce of that country; in which he defines its boundary, by declaring 
that it comprehended all the lands, coasts and islands which are si- 
tuated in the Gulf of Mexico, between Carolina on the east, and old 
and new Mexico on the west, with all the streams which empty into 
the ocean within those limits and the interior country dependent on 
the same. Such are the facts on which the claim of France rested; 
such are those on which that of the United States now rests. 

The principles which are applicable to the case, are such as are 
dictated by reason, and have been adopted in practice by European 
powers in the discoveries and acquisitions which they have respec- 
tively made in the new world. They are few, simple, intelligible, 
and at the same time founded in strict justice. The first of these is, 
that when any European nation takes possession of any extent of 
sea coast, that possession is understood as extending into the interior 
country, to the sources of the rivers emptying within that coast, to 
all their branches, and the country thev cover, and to give it a right 
in exclusion of all other nations to the same. See Memoire de 
PAmerique, page 116. It is evident that some rule or principle must 
govern the rights of European powers in regard to each other, in all 



ioo [iss] 

such cases: and it is certain that none can be adopted, in those to 
which it applies, more reasonable or just, than the present one. Ma- 
ny weighty considerations show the propriety of it. Nature seems 
to have destined a range of territory so described for the same soci- 
ety; to have connected its several parts together by the ties of a com- 
mon interest, and to have detached them from others. If this prin- 
ciple is departed from, it must be by attaching to such discovery and 
possession a more enlarged or contracted scope of acquisition; but a 
slight attention to the subject will demonstrate the absurdity of either. 
The latter would be to restrict the rights of an European power, who 
discovered and took possession of a new country, to the spot on 
which its troops or settlements rested: a doctrine which has been to- 
tally disclaimed by all the powers who made discoveries and acquir- 
ed possessions in America. The other extreme would be equally 
improper: that is, that the nation who made such discovery should, in 
all cases, be entitled to the whole of the territory so discovered. In 
the case of an island, whose extent was seen, which might be soon 
sailed round and preserved by a few forts, it may apply with justice; 
but in that of a continent it would be absolutely absurd. Accord- 
ingly we find, that this opposite extreme has been equally disclaimed 
and disavowed by the doctrine and practice of European nations. 
The great continent of America, north and south, was never claimed 
or held by any one European nation; nor was either great section of 
it. Their pretensions have been always bounded by more moderate 
and rational principles. The one laid down has obtained general 
assent. 

This principle was completely established in the controversy 
which produced the war of 1755. Great Britain contended that she 
had a right, founded on the discovery and possession of such territo- 
ry, to define its boundaries by given latitudes in grants to individu- 
als, retaining the sovereignty to herself frbm sea to sea. This pre- 
tension, on her part, was opposed by France and Spain, and it was 
finally abandoned by Great Britain in the treaty of 1763, which esta- 
blished the Mississippi as the western boundary of her possessions. 
It was opposed by France and Spain on the principle here insisted on, 
which of course gives it the highest possible sanction in the present 
case. 

The second is, that whenever one European nation makes a 
discovery and takes possession of any portion of that continent, arid 
another afterwards does the same at some distance from it, where the 
boundary between them is not determined by the principle above- 
mentioned, the middle distance becomes such of course. The jus- 
tice and propriety of this rule is too obvious to require illustration. 

A third rule is, that whenever any European nation has thus 
acquired a right to any portion of territory on that continent, that 
right can never be diminished or affected by any other power, by vir- 
tue of purchases made, by grants or conquests of the natives within 
the limits thereof. It is believed that this principle has been admit- 



[155] 



101 



ted and acted on invariably since the discovery of America, in re- 
spect to their possessions there, by all the European powers. It is 
particularly illustrated by the stipulations of their most important 
treaties, concerning those possessions and the practice under them, 
viz. the treaty of Utrecht in 1 713, and that of Paris in 1763. In 
conformity with the 10th article of the first mentioned treaty, the 
boundary between Canada and Louisiana on the one side, and the 
Hudson bay and Northwestern Companies on the other, was estab- 
lished by commissaries, by a line to commence at a cape or promon- 
tory, on the ocean, in 58deg. 30 min. north latitude, to run thence 
south westwardly to latitude 49 deg. north from the equator, and 
along that line indefinitely westward. Since that time no attempt 
has been made to extend the limits of Louisiana or Canada to the 
north of that line, or of those companies to the south of it, by pur- 
chase, conquest, or grants from the Indians. By the treaty of Paris, 
1765, the boundary between the present United States and Florida 
and Louisiana, was established by a line to run through the middle 
of the Mississippi from its source to the river Iberville, and through 
that river, &c. to the ocean. Since that time no attempts have been 
made by those states, since their independence, or by Great Britain 
before it, to extend their possessions westward of that line, or of 
Spain to extend her's eastward of it, by virtue of such acquisitions 
made of the Indians. These facts prove incontestably that this prin- 
ciple is not only just in itself, but that it has been invariably observ- 
ed by all the powers holding possessions in America, in all questions 
to which it applies relative to those possessions. 

The above are the principles which we presume are to govern 
in the present case. We will now proceed to apply these principles 
to the claim of the United States, as founded on the facts above stat- 
ed relative to the discovery and possessions of Louisiana by France; 
and to designate the limit, to which we presume they are justly enti- 
tled by virtue thereof in the quarter referred to. 

On the authority of the principle first above stated, it is evident 
that, by the discovery and possession of the Mississippi in its whole 
length and the coast adjoining it, the United States are entitled to the 
whole country dependent on that river, the waters which empty into 
it, and their several branches, within the limits, on that coast. The 
extent to which this would go it is not in our power to say; but the 
principle being clear, dependent on plain and simple facts, it would be 
easy to ascertain it. 

It is equally evident by the application of the second principle to 
the discovery made by M. de la Salle of the bay of St. Bernard, 
and his establishment there on the western side of the river Colora- 
do, that the United States have a just right to a boundary founded on 
the middle distance between that point and the then nearest Spanish 
settlement, which it is understood was in the province of Panuco, 
unless {hat claim should be precluded on the principle first above 
mentioned. To what point that would carry us, it is equally out of 



102 [155] 

our power to say, nor is it material, as the possession in the bay of 
{St. Bernard taken in connection with that on the Mississippi, has 
been always understood, as of right we presume it ought, to extend to 
the Rio Bravo, on which we now insist. 

In support of this boundary, we rely much on the grant of Louis 
the XIV, to Anthony Crozat in 1772. That grant, it is true, estab- 
lishes no new right to the territory. The right had already accrued 
by the causes and to the extent already mentioned, which was never 
abandoned afterwards, except by the treaty of 1763, which does not 
affect the present question. t 

This boundary is also supported by the opinions of the best in- 
formed persons who have written on the subject, with which we have 
become acquainted. By an extract from a work on Louisiana written 
by the col. Chevalier de Champigny, in 1773, who, residing in the 
country, was doubtless well informed, the Rio Bravo is laid down as 
the western boundary of that province, p. 10, This fact is again as- 
serted with more minuteness iq his second note to that work, in 
which he states that Louisiana was bounded before the treaty of 1763, 
to the west by the mountains of New Mexico and the Rio Bravo. 
In a book containing several memoirs on different subjects, published 
about three years since at Paris, is one entitled a memoir historical 
and political on Louisiana by the count de Vergennes minister of 
Louis the XVI, in which it is stated that Louisiana is bounded to the 
east by Florida, and to the west by Mexico. The opinion of geog- 
raphers in general confirms that of other writers. By a chart of 
Louisiana, published in 1762, by Dn. Thos. Lopez, geographer to 
his catholic majesty, it appears that he considered the Rio Bravo 
as the boundary of the province, as it likewise does by a chart of de 
L'Isle of the royal academy of sciences at Paris, which was revised 
and republished in 1782. Other evidences might be quoted, but it 
is useless to multiply them. 

Having thus shown the principles on wbich the United States 
found their claim to the Rio Bravo as the western boundary of Lou- 
isiana, we will proceed to examine the claim of Spain which is op- 
posed to it, as presented by your excellency in your esteemed note of 
the 13th instant. We find by it that all the facts relied on in support 
of the claim of Spain, relate to the province of Texas, the whole of 
which lies eastward of the Rio Bravo, and as we suppose within the 
limits oi Louisiana, They amount to this, that at different epochs 
certain religious missions were established within that province, the 
first of which was in 1690: that in 1692, a royal order was issued, di- 
recting new discoveries to be made in it, under which the river Cado- 
chos was explored; that in 1714, Louis St. Dennis, a Frenchman, 
with a passport from the governor of Louisiana, made a visit to Mexi- 
co, on some commercial projects, passing by the Spanish post St. John 
the Baptist, on the Rio Bravo, at which time, Dn. Diego Ramon was 
sent into the province of Texas, where he was well received by the 
Indians, among whom he then founded several religious missions, one 



[155] 



103 



of them at a post within seven leagues of Natchitoches: that treaties 
were afterwards made with some tribes of Indians, who acknowleged 
their dependence on Spain: that during the regency of the Duke of 
Orleans, hostilities took place between the French and Spaniards, in 
which the former attacked the latter at Adaes, and broke up the estab- 
lishment for a time: that in 1730, the situation of the post Antonio 
de Bejar was improved by the Marquis de Aguago, who settled a cer- 
tain number of families in its neighborhood: that in 1755, hostilities 
took place with the Indians, who attacked the post of St, Saba, and 
killed some soldiers and priests, in consequence of which, a detach- 
ment was sent against them under the command of Don Diego Ortiz 
de Parrilla: that, after this, the Marquis de Rubi was empowered to 
organise a system of defence for the provinces of New Spain, which 
was completed in the year 1773. These, we believe, are all the facts 
stated by your excellency, on which we think proper to make a few 
remarks, 

It is evident, as every fact above stated was posterior, and even 
by many years, to the completion of the title on which the United 
States rely, that if the principles by which they support their title are 
sound, there is not the slightest foundation for the claim of Spain to 
rest on. Every act of Spain, within the limits which it appears justly 
belonged to France, was an encroachment which the friendly relations 
between the two powers might authorize, in a wilderness, but which 
could give no title; that those acts were considered by the French in 
the light of encroachments at the time they were made, is proved by 
many facts and documents the most authentic. In respect to the 
Spanish post in the neighborhood of the Natchitoches, on which your 
excellency seems chiefly to rely, we beg to refer you to Col. Cham- 
pigny's work, page 10th of his notes, by which it is stated, that the 
post which the Spaniards had established there, was on the territory 
of the French. We refer you, also, to Du Pratz's history of Louisi- 
ana, vol. 1, page 12, by which it appears, that the Spaniards were in- 
troduced there, under the auspices of the French, by Louis St. Den- 
nis, to favor a contraband trade with Mexico, as that the favorable re- 
ception given bv the Indians to Don Diego Ramon, was owing to St. 
Dennis, who was recognised by them as their great chief; prior to 
which year, it appears by the same author, that there was not an es- 
tablishment of any kind east of the Rio Bravo, and only that of St. 
John the Baptist on the western bank of it. But the most authentic 
and conclusive of all proofs of the light in which these acts of the 
Spaniards were viewed by the French, is, that hostilities actually did 
take place between them respecting those posts; a fact which history 
has recorded, and your excellency admitted. 

Your excellency has noticed in your statement, some concessions 
or acknowlegements made to the Spaniards by the Indians of their 
dependence on Spain; but these, it is presumed, could convey to her 
no title to the sovereignty of the territory, against France. The third 
principle relied on above, is conclusive to this effect, Within the 



!04 [155] 

known limits of Mexico, there is a vast tract of vacant territory to the 
north, held and inhabited by the Indians. If any other power was to 
treat with and receive similar acknowlegements of the Indians in that 
quarter, would Spain admit that the sovereignty of the territory was 
thereby transferred from her to such power? 

On this view of the subject, in which we have attempted to illus- 
trate more in detail, but have added little to the contents of the me- 
morial which we had the honor to present to your excellency on the 
28th of January last, we rest the title of the United States to the Rio 
Bravo, as the western boundary of Louisiana. As every point has 
been thus fully discussed, we flatter ourselves that we shall now be 
honored with your excellency's propositions for the arrangement of 
the whole business. The country on both sides the Mississippi is yet 
a wilderness, and it is important to make those arrangements which 
mutual interests may require while it is so. As your excellency is 
possessed of the sentiments of our government on every point, it is 
unnecessary to add more than to repeat, that on receiving your excel- 
lency's propositions, we shall have every disposition to conciliate the 
views and interests of his majesty's government, which can be expect- 
ed from the just and friendly policy of the United States. 

We request your excellency to accept, &c. 

(Signed) CHS. PINCKNEY, 

JAS. MONROE. 

His Excellency Don Pedro Cevallos, 

First Secretary of State, &?c. fcfc. £s?c. 



No. 24. 



Messrs. Pinckney and Monroe to Don Pedro Cevallos. 

Jlranjuez, May 12, 1805. 

SIR, 

Animated by the same friendly desire which has governed 
us since the commencement of the negotiation, and influenced by 
that which was expressed by your excellency in our interview last 
evening, we are willing to state the ultimate conditions on which we 
are authorized to adjust the several points depending between our 



[155] 



105 



governments. With this view we do ourselves the honor to inform 
your excellency, that, on condition his catholic majesty will cede the 
territory eastward of the Mississippi, and arbitrate the claims of the 
citizens and subjects of each power, according to the convention of 
August 11th, 1802, we will make the Colorado the boundary between 
Louisiana and Spain, by a line to be run in the manner proposed in 
the project which was presented on the 28th January last, the United 
States ceding all right to any territory westward of that line; we will 
establish a district of territory of 30 leagues on each side of that 
line, or on the American side only, if preferred by Spain, to be run 
from the Gulf of Mexico to the northern boundary of Louisiana, 
which shall remain neutral and unsettled for ever; we will relin- 
quish the claim to spoliations which were committed by the French, 
within the jurisdiction of Spain in the course of the last war, the 
United States undertaking to compensate the parties in a sum to be 
specified; and we will also relinquish all claim to compensation for 
the injuries which were received by the suppression of the deposite at 
New Orleans. Your excellency will, we are persuaded, see, in these 
propositions, a most unequivocal proof of the sincere desire of our 
government to meet the views of his catholic majesty in the points 
referred to, in a spirit of conciliation and concession, to place the 
friendly relations of the two countries, who as neighbors have so 
many and powerful motives to promote that object, on a basis never 
to be shaken. We have endeavored also to give the strongest proof 
in our power of our disposition to conciliate the views which have 
been expressed on two points by his majesty the emperor of France, 
since in case his catholic majesty adopts the propositions and cedes 
the whole of the country eastward of the Mississippi, we are willing 
to accept the cession of W. Florida from him, and in assuming the 
payment to our citizens of their claims for French spoliations by the 
United States, we make it, as we presume, in a great measure with- 
out any consideration whatever, as we consider the cession which we 
propose to make on the western side of the Mississippi in itself an 
equivalent for all the territory claimed by Spain on its eastern side* 
If these propositions are accepted, we have to request that your ex- 
cellency will be so good as to notify us of it, that a convention found- 
ed on them may be concluded without delay. If they are rejected, 
we have then to request that your excellency will consider the Unit- 
ed States as in no respect bound by them, and the whole subject as 
standing on the same ground, in any future negotiation, as if none 
such had been made. In either event, we have to request that your 
excellency will be so good as to give us an early and explicit answer 
to the same. 

We request your excellency to accept, &c. 

(Signed) CHAS. PINCENEY, 

JAS. MONROE. 

His Excelkncij Don Pedro Cevallos. 
25 



106 



[155] 



P. S. We do ourselves the honor to enclose your excellency 
the two notes which we submitted to your view last evening, with 
our signatures. 



No. 25, 



Propositions to the Secretary of State of his Catholic Majesty. 

On condition that Spain will cede on her part the territory to tl 
east of the Mississippi, and arbitrate her own spoliations conformz 
bly to the convention of August 11th, 1802, 

The United States will cede on their part their claim to ter- 
ritory west of a line to be drawn from the mouth of the Colorado to 
its source, and from thence to the northern limits of Louisiana, in 
such manner as to avoid the different rivers and their branches which 
empty into the Mississippi. 

They will establish a territory of thirty leagues ©n both sides of 
this line, which shall remain unsettled forever, or of thirty leagues 
on their own side, if Spain desires to extend her settlements to the 
Colorado. 

They will also relinquish their claim for French spoliations, 
which amounts to one hundred and sixty-four vessels, by undertak- 
ing to satisfy the parties themselves, in a sum to be specified. 

They will relinquish likewise their claim to compensation for 
the suppression of the deposite at New Orleans. 



No. 26. 



Mr, Monroe to the Prince of the Peace. 

Aranjuez, May 14M, 1805. 
SIR, 

As it is my duty to withdraw from Spain as soon as we receive 
his excellency Don Pedro Cevallos' answer, your excellency will 
permit me to transmit you a copy of our last letter to him. It is pre- 
cisely in sentiment with our communication to your excellency; still 
as the answer which we may receive will draw the negotiation to a 
conclusion by treaty or otherwise, it is our desire to communicate to 
your excellency, as we have already done, every step which we have 
taken in the present concern^ which is of so much importance to 
both countries. We are satisfied that the propositions which we 



[155J 107 

make for the amicable settlement of all the points depending between 
the two countries ought to be considered in regard to Spain, as being 
at least just. Our government is convinced that by a sound construc- 
tion of its rights, the Rio Bravo is the western boundary of Louisi- 
ana, and we have no doubt, had France retained the province, that she 
would have insisted on that limit. The cession then which we pro- 
pose to make of the great tract of country between that boundary 
and the Colorado, and the establishment within our remaining li- 
mits of thirty leagues of neutral territory to the eastward of it, are 
in our opinion worth much more to Spain than the whole of the ter- 
ritory eastward of the Mississippi, if it belonged to her by an indis- 
putable title. But the island of New Orleans belongs to us, and 
West Florida is claimed by both parties; so that her territory there, 
in point of value, cannot be compared with the vast advantage which 
she would derive from the concession and arrangement which we 
propose to make on the western side. But when it is considered 
that we add to this, the relinquishment of the claim to French 
spoliations within the dominions of Spain, which amounts to many 
millions of dollars, and also that for the injury arising from the sup» 
pression of the deposite at New Orleans, the advantage which she 
will derive from such an adjustment must be the more evident. It 
may be said that in these two latter points, the United States relin- 
quish nothing, as Spain does not consider herself responsible for 
those injuries. But our government thinks otherwise, and we well 
know that the pretensions by which Spain resists our claim cannot be 
supported in either instance- In respect to the first, Spain wilt never 
say that she could not support her own authority within her own li- 
mits; that she was forced to yield to France: nor can she claim a bene- 
fit from a treaty made by another power, to which she was not a par- 
ty, in which she was named, nor were the acts for which she was 
responsible contemplated. Indeed this latter pretension was not 
thought of till some years after the treaty, under which Spain claims 
an exemption, between the United States and France, was formed; 
most certainly not, till after the convention of August 11th, 1802, 
between the United States and Spain was signed, and then it seems to 
have been discovered as it were by accident; circumstances which 
prove that such a pretension cannot be supported before the enlight- 
ened world. And with respect to the suppression of the right of de« 
posite at New Orleans, that act was an injury for which compensation 
ought to be made, as by the treaty of 1795, no interruption to that 
deposite, or one at some other place, was provided for. We cannot 
apply to France for the compensation; because Spain was in posses» 
sion of the territory, the act was done by her intendant, and it was by 
her government that the deposite was again opened. Your excellency 
must be sensible that the United States can nwer abandon these 
claims, which they think so just, without being satisfied for them in 
some* mode or other. We assure your excellency with confidence, 
that if we were capable of signing a treaty which did abandon the-nv 



103 £-155] 

it would not be ratified. "What mode then can be fixed on more hono= 
rable or advantageous to Spain, than that which is proposed, by which 
we are to satisfy them ourselves. With respect to the arbitration of 
Spanish spoliations, that is a question of a different nature, which has 
already been agreed on by a convention between Spain and the Unit- 
ed States, *and to which it is presumed that no objection is made. 
Your excellency will permit me to express myself with freedom 
to vou, in a concern of such high importance to Spain, as well as to 
the United States. It is one to which you cannot be indifferent, since, 
be it settled as it may, it must involve, in a very high degree, your 
own character and glory. The high rank which you hold in Spain, 
and the influence which you enjoy in the councils of his majesty, will 
make your excellency, in a considerable degree, responsible for the 
consequences of what is done. Let me ask your excellency then, 
with that candor which has distinguished the whole of your conduct 
in the communications with which you have honored me, whether it 
is not important for Spain to adjust this business at this time, on fair 
and equal terms with the United States? Whether she will not ha- 
zard much in suffering the fair opportunity which is presented her, to 
be lost, these differences to remain unsettled, and the discontents and 
animosities which will naturally grow out of them in the United States, 
to exist and increase? Do the vast possessions which Spain holds to 
the south of us, admit of a valuation? Is there any standard by 
which that value can be estimated? Your excellency well knows their 
value, and how important it is to Spain to preserve them. What is 
rue disposition of other powers relative to those possessions? Are 
there none who would be happy to wrest them from Spain, if a favor- 
able opportunity offered? The United States are placed by the side 
of those possessions, are already powerful, and are daily increasing in 
power, by a march which cannot be impeded. Is it not well known. 
if hostilities should ever take place between the two countries, that 
the United States can do to Spain, in respect to those possessions, 
ivsore injury than any other power on the globe? Is it not then forthe 
interest of Spain to cultivate, the friendship of those States, if not by 
a generous, at least by a just, policy? Ought she not to avail herself 
of this favorable opportunity to settle all differences, and to place their 
relations on a footing of perfect security to her, which she may do 
with so much advantage by the propositions which are made? Ought 
phe even to wish better terms than are thus offered, since, in settling 
eb great an object of national policy, the wisdom of the councils 
which" dictates any adjustment, admonishes that to be effectual, it ought 
to be satisfactory to both the parties? Is the territory, which Spain 
holds to the eastward of the Mississippi, of any importance when com- 
pared with this object, especially when it is considered that it is sur- 
rounded by the possessions of the United States, that if a garrison is 
placed there, it must be nourished from us or starve, and that by 
weakening the force at the Havanna, which governs the Gulf of Mex- 
ico, or some other post which ought to be defended, all the great and 






[155] 



109 



valuable possessions of Spain in America are endangered? Your ex- 
cellency must likewise be satisfied, that as the United States are al- 
ready established in the Gulf of Mexico, by a great extent of territo* 
ry, the possession of that belonging to Spain to the eastward of the 
Mississippi, cannot essentially affect their situation in reference to 
Spain, while it will secure it from the danger of falling into the hands 
of any other power, an event which might prove of great injury to her. 
It is evident, that by ceding this territory to the United States, on fair 
conditions, Spain parts with what is of no real value to her; she pro- 
tects it from the casualties of war and the more dangerous casualties 
of intrigue, and places it in a situation where it can never prove in-, 
jurious to her. But what is still more deserving of attention, she se- 
cures, by an act of enlightened and liberal policy, the friendship of a 
power already distinguished, and rapidly rising to the first considera- 
tion; a power, whose friendship as a neighbor, it is of the first im- 
portance to her to preserve. It appears, therefore, to me, that this af- 
fair should be considered more in a political light than a financial one, 
and that the effect in a principal point, which Spain should contem- 
plate by the cession, ought not to be diminished by permitting it to 
partake too much of the latter character. I wish these considerations 
to be weighed by your excellency, because they appear to me to be 
important to Spain as well as to the United States, and to be peculi- 
arly so to your excellency, on account of the high responsibility which 
is inseparable from the distinguished rank and consideration which 
you deservedly hold in the government and councils of his catholic 
majesty. 

I must be permitted to repeat to your excellency, that k is my 
duty to leave Spain, as soon as we receive his excellency Don Pedro 
Cevallos's answer to our last note. I have been here now near five 
months, engaged in this business, and we are bound by every consi- 
deration of duty to conclude it. Our government has failed in nothing 
which was due to the friendly relations subsisting between the United 
States and his catholic majesty. It is by a sentiment of high respect, 
with which your excellency's frank and candid conduct has inspired 
me, and a sincere desire to terminate the negotiation to the advantage 
of both countries, that I am prompted to make to you this communi- 
cation in the present stage of it. 

I request your excellency to accept the assurances of my high 
consideration and esteem. 

(Signed) JAMES MONROE. 

Wis excellency the Prince of Peace, 

Generalissimo of H. C. JWs forces. 

Aranjuez, May 1*, 1805. 



110 [155] 

No. 27. 

Don Pedro Cevallos to Messrs. Pinckncy and Monroe. 

Jlranjuez, May 15, 1805. 

GENTLEMEN, 

I have read with due attention your esteemed note of the 12th, 
and the propositions you have been pleased to make in the name of 
your government, reduced to the following: That Spain shall cede, on 
her part, the Floridas, and shall arrange the point of the claims of 
the individuals of both nations conformably to the convention of the 
11th August 1812, and that on their part, the United States would fix 
the river Colorado as the limit between Louisiana and the Spanish 
possessions in the form that the said note expresses, and that they 
will abandon the claim arising from the damages occasioned by the 
French on the coasts and in the ports of Spain during the last war, 
as also, that for indemnification for damages occasioned by the sus- 
pension of the deposite at New Orleans, 

On viewing these propositions, I cannot refrain from saying to 
your excellencies, that I do not see in them anyconvenient terms for 
entering into the exchange or contract proposed, for although his 
majesty has the power to bargain for the Floridas, as owner of 
them in the fullest extent, and has also the right, if he pleases, to rati- 
fy the convention of the 11th August, 1802, which is suspended for 
the reasons your excellencies know, there are wanting equal right and 
power in the United States to make the cession your excellencies 
mention, the United States having no right to demand of Spain com- 
pensation for damages occasioned by the French privateers, as I have 
demonstrated in my notes on that point, and to which I again refer. 
Spain, therefore, could not receive from the United States the renun- 
ciation of a right they have not, and which she does not recognize as 
belonging to them. The same may be said as to the claim for the 
suspension of the deposite at New Orleans; and as to the claim to fix 
the limits of Louisiana at the Rio Bravo, from which claim flows the 
assertion that the fixing it at the Colorado is to be considered as a ces- 
sion, it is equally necessary for me to observe to your excellencies, 
that the Spanish government has made it appear, and is equally ready 
to show more and more, by the most irrefragable proofs, that the li- 
mit which separates Louisiana and the Spanish possessions, is a line 
which; beginning in the Gulf of Mexico, between the rivers Carecut 
or Carcasee, and the Marmenta or Marmentao, ascends towards 
the north, between the Adaes and Natchitoces, until it cuts the Red 
Kiver, and as from this point they are doubtful and little known, the 
limits which ought to be marked on the northern side appear to be 
proper subjects for reference to the prudent investigation of commis- 



[155] 



111 



sloners of limits to be named by both parties, who having the view 
of the territory and all the documents and dates which may be neces- 
sary before them, rectifying what oughtt o be rectified, and furnish ng 
the lights necessary to both governments on limits which have never 
yet been fixed or determined with all the exactness necessary, may be 
thus able to establish the demarcation completely to the satisfac- 
tion of both governments. 

In this view of the subject, it cannot be concealed from the pene- 
tration of your excellencies, that as a consequence of the proposi- 
tions you have made by your note of the 12th, Spain would ced to 
the United States not only the territories which indisputably belong 
to her to the east of the Mississippi, that is, the two Floridas, but 
also others equally her own in the interior provinces of i n, 

without receiving any thing in return but the remuneration of a right 
which she does not acknowledge in the United States, which is to 
reclaim for the damages arising from the suspension of the deposite, 
and for those occasioned by the French privateers on the coast and 
in the ports of Spain during the last war, when on the contrary 
Spain thinks she has shown that she is in no manner liable for the 
same. 

The justice of the American government will not permit it to 
Jnsist on propositions so totally to the disadvantage of Spain; and 
however anxious his majesty may be to please the United States, he 
cannot on his part assent to them, nor can he do less than consider 
them as little conformable to the rights of his crown. 

I renew to your excellencies the demonstrations of my distin- 
guished esteem, and pray to God to guard your lives many years. 

(Signed) PEDKG CEYALLOS. 

Messrs. Finekney and Monroe. 



No. 28. 



Messrs, Pinckney and Monroe to Don Pedro Cevallos. 

Jlranjuez^May 18th, 1805. 
SIR, 

We have received your excellency's letter of the 15th, by which 
we perceive with regret, that the propositions which we had the honor 
to make to his catholic majesty, on the part of cur government, on 
the 12th instant, for the adjustment of the several points depending 



112 [155] 

between the United States and Spain, have been absolutely rejected. 
By this answer, which we presume is given by the order of his ma- 
jesty, we consider the negotiation concluded; we have therefore only 
to remark that we shall hasten to communicate the result to our go- 
vernment, who will not fail to bestow on it the attention, which is 
due to a concern of such high importance to the United States. 
The special mission to his catholic majesty being thus ended, it be- 
comes the duty of Mr. Monroe to repair immediately to London, 
where he is the resident minister of the United States, for which 
purpose your excellency will be so obliging as to furnish him with 
the necessary passport. As preparatory to that step, we have to re- 
quest your excellency will be so good as to obtain for him an early 
audience of their majesties, that he may be enabled to take his leave 
of them, and at the same time to renew the assurance of the high 
consideration entertained for them by our government. 
"We beg your excellency to accept, &c. 

(Signed) CHAS. PINCKNEY, 

JAS. MONROE. 

His excellency Don Pedro Cevallos. 



No. 29. 



Don Pedro Cevallos to Messrs. Pinckney and Monroe, 

Aranjuez, May W, 1805. 

GENTLEMEN, 

Having given an account to their majesties of the contents of 
your esteemed letter of the 18th, in which you request the necessa- 
ry passport for Mr Monroe to return, agreeably to his wish, to his 
residence at London, obtaining before his departure an audience of 
leave, their majesties have fixed to-morrow, being Wednesday, at half 
past eleven o'clock, for the audience which Mr. Monroe wishes, and 
without loss of time I shall have the honor to send the necessary 
passport for Mr. Monroe. 

I have the honor to reiterate the demonstration of my distin- 
guished consideration, &c. 

(Signed) PEDRO CEVALLOS. 

Messrs* Pinckney and Monroe, 



[155] US 

No. 30. 

Don Pedro Cevalios to Messrs. Pinckney and Monroe. 

Don Pedro Cevalios, B. L. M. of Mr. Pinckney and of Mr. 
Monroe, and has the honor to enclose the necessary passport of Mr. 
Monroe, 

Don Pedro Cevalios reiterates on this occasion the demonstra- 
tions of his distinguished consideration and esteem. 

JLranjueZj May %%d, 1805. 



No. 31. 



Jin address to the King of Spain, by Mr. Monroe. 

Aranjuez, May 22, 1805, 

SIR, 

On my arrival here I had the honor to assure your majesty of the 
high consideration of my government for your majesty's person and 
government. I then hoped to have had the honor to conclude the 
special mission with which I was charged, in conjunction with the 
minister plenipotentiary of the United States, near your majesty, to 
the advantage and satisfaction of both parties; but being disappoint- 
ed in this respect, all our propositions having been rejected, and 
none others ever offered, on the part of your majesty's government, 
though often invited, it is my duty to return to my station at Lon™ 
don. "We have transmitted the result to our government for its de- 
cision. Under these circumstances, I have thought it my duty, to 
take my leave of your majesty in the usual form, and in so doing to 
assure your majesty, of the high consideration of my government 
and of the satisfaction it would have derived, from an amicable ar- 
rangement on fair principles, of all the questions depending between 
the two nations, to accomplish which, it has made so many friendly 
advances and exertions* 



26 



114 [155] 

Messrs, Monroe and Livingston to Mr, Marbois. 

SIR, 

The undersigned ministers plenipotentiary of the United States 
of America, deeming the interposition of the first consul and his 
friendly offices with Spain, important in the negotiations which the 
United States propose to set on foot with his catholic majesty, for so 
much of his territory as lay to the east of the ceded teritory and 
border upon the United States; they have consented to the erasing 
the article they had proposed to this effect in the treaty, with some 
reluctance; but they trust that the first consul, influenced by his 
friendship for the United States, will have no difficulty in assuring 
them of his aid, whenever such negotiation shall be commenced. It 
would be highly satisfactory to the undersigned to be enabled to 
transmit the same to their government together with the treaty. 

The undersigned, &c. &c. 

Note— The date omitted in the copy transmitted by Messrs. Livingston and 
Monroe, but presumed to be immediately after that of the signature of the treaty, 30th 
April, 1803. 



[Translation.] 

M. Marbois to Messrs, Livingston and Monroe, 

GENTLEMEN, 

I have received the letter you did me the honor to write to me, 
to request that the first consul would employ his good offices, with 
his catholic majesty to promote the success of the negotiation which 
you propose to open at Madrid concerning the territory of the Span- 
ish dominion, to the eastward of that which has been ceded to the 
United States by the French Government, 

I have transmitted your letter to the minister of foreign rela- 
tions, and I have not failed to inform him that the good offices which 
you solicit formed the substance of one of the articles of the project 
proposed by you, and which you had agreed to retrench with extreme 
reluctance. The minister's answer to me is, that the United States 
might promise themselves, from the friendship of the first consul, 
his concurrence and support in every thing that would tend to 
strengthen the bonds of good understanding between two nations in 
amity with the French republic. 

l&lh Flarealj year 11. 



[651 

MESSAGE 

FROM 

THE PRESIDENT OF THE UNITED STATES, 

TRANSMITTING, 

IN PURSUANCE OF A RESOLUTION OF THE HOUSE OF REPRE. 

SENTATIVES, 

SUCH FURTHER INFORMATION, 

IN 

RELATION TO OUR AFFAIRS WITH SPAIN, 

AS, IN HIS OPINION, 

IS NOT INCONSISTENT WITH THE PUBLIC INTEREST TO DIVULGE- 



December 28, 1818. 
Read, and referred to the committee on Foreign Relations. 



WASHINGTON; 

PRINTED BY E. BE KRAFFT 
1819 



c«3 



£b the House of Representatives of the United States: 

In compliance with a resolution of the 15th instant, I lay before 
th$ House of Representatives, a report from the Secretary of State, 
with the papers and documents accompanying it. 

JAMES MONROE. 

December 28/£, 1818. 



[65] 



Department of State, December %Sd t 1818. 

The Secretary of State, to whom has been referred a resolution of 
the House of Representatives of the 15th instant, requesting the Pre- 
sident to cause to be communicated to that House, such further cor- 
respondence and proceedings in relation to our affairs with Spain, as, 
in his opinion, it should not be inconsistent with the public interest to 
divulge, has the honor herewith to submit to the President, the copy of 
a letter of the 28th November, and an extract of one of the 2d of this 
month, from this Department to the minister plenipotentiary of the 
United States at Madrid, together with copies of the documents trans- 
mitted with them. 

JOHN QUINCY ADAMS, 



[65] 7 

List of documents accompanying the message of the President of the Unit* 
ed States , complying with the resolution of the House ofRepre* 
sentatives, of December 15, 1818. 

Letter of the Secretary of State, to G. W.Erving, Esq. Minister Plen- 
ipotentiary at Madrid, 28th November, and an extract from on© 
of the 2d December, 1818, with the following enclosures: 

Nicholls, (coU) and his Negro Fort. 

1. Jtficholls's proclamation, 29th August, 1814, and letter to Laffite, 

31st August, 1814. 

2. (a,) Nicholls to Hawkins, 28th April, 1815. 

(b.) Extract 9th article, treaty of Ghent, and acceptance of it 
by three Indians. 

3. Nicholls to Hawkins, 12th May, 1815. 

4 & 5. Hawkins to Nicholls, 24th and 28th May, 1815. 

6. (a. J Gaines, (gen.) to A. J. Dallas, Secretary of War, 14th 

May, 1815. 
fb,J Jervais' (Samuel) deposition, 

7. Gaines, (gen.) to A. J. Dallas, 22d May, 1815. 

8- Memorandum of a gentleman of respectability at Bermuda, 

21st May, 1815. 
9. Address from the Indians to the king of England, purporting 

also to be a treaty, 10th March, 1815; published in the Lon* 

don newspapers of 15th August, 1818. 

10. Mr. Monroe to Mr. Baker, 10th July, 1815, complaining of the 

conduct of Nicholls. 

11. Mr. Monroe to Mr. Adams, 21st July, 1815. 

12. (a. J Mr. Adams, to Mr. Monroe, Sec. of State, 19th Sep. 1815, 
(b.J do. to Earl Bathurst, 25th September, 1815. 

13. (a.) do. to Mr. Monroe, Sec. of State, 8th Feb. 1816* 
(b.) do. to Lord Castlereagh, 2ist March, 1816. 

14. Jackson, (gen.) to governor of Pensacola, 23d April, 1816. 

15. Zaniga, (gov) to general Jackson, (answer,) 26th May, 1816. 

16. Amelung, (capt.) report to general Jackson, New Orleans, 4ch 

June, 1816. 
If* Jackson, (gen.) to W. H. Crawford, Nashville, 15th June, 1816. 

18. (a.) Gaines, (gen.) to W. H. Crawford, camp, near fort Jack- 

son, 30th April, 1816, with 
(b.) Talk from the Little Prince, Tustannugge Hopoy. 

19. Gaines, (gen.) to col. Clinch, Fort Montgomery, 23d May, 1816, 
2 0« do. to com. Patterson, do. 22d May, 1816* 

21. Patterson, (com.) to lieutenant commandant Cha. E. Crawley, 

19th June, 1S16. 

22. Patterson, (com,) to sailing master Jairus Loomis, 19th June, 

1816o 



I [65] 

23. Loomis, (Jairus) to com. Patterson, 13th August, 1816. 

24. Patterson, (com.) u to B. W. Crowninshield, Secretary of the 

Navyi 15th Aug. 1816. 

25. Kindelan, (gov.) to George Cockburn,18th February, 1815. 

Mazot, (Bon Jose,) Governor of Pensacola. 

26. Mazot to Jackson, 18th February, 1818. 1 f , 

27. Jackson, (gen.) to gov. Mazot, 16th March, 1818. J IUUWU ' 

28. do. do. 25th March, 1818. 
39. Mazot, (gov.) to general Jackson, 15th April, 1818. 
80. Jackson, (gen.) to governor Mazot, 27th April, 1818. 

31. Mazot, (gov.) to major W. Youngs, 27th and 30th April, 1818. 

32. (a.) do. t) general Jackson, 18th May, 1818. 
(b.) Certificates from New Orleans and Pensacola. 

(c. J Defence of F. C. Luengo, commandant at St. Marks. 

33. Mazot, (gov.) to general Jackson, 23d May, 1818. 

34. Jackson, (gen.) to gov. Mazot, 23d and 2*th May, 1818. 

35. Mazot, (gov.) to general Jackson, 24th May, 1818. 

36. Jackson, (gen.) to gov. Mazot, 25th May, 1818. 

37. (a.) Certificates and declarations of W. Russell and Jas. L. Bell 
r(f\ do. ofRichardBrickhamandJohr 

Bonner. 
( c ,j do. of Wm.Hambly, 2 June, 1818 

(d\ do. of J. Barrelas, G. Skeate, C 

Le Jeune, and W. Cooper 

19th September, 1818. 
r e \ do. of Santiago Dauphin, and Jo 

seph Bonefi. 
rf\ do. of Pierre Senac. 



Cg-J 



do. of J S. Caro. 



(\.) do. of C. Baron. 

38. Jackson , (gen.) to J. C. Calhoun, Sec. of War, 25th March, 1 818 
-a do. do. 2d June, 1818. 



Luengo (F. C.J commandant at St, Marks. 



40. Jackson (gen.) to Secretary of War, 8th April, 1818. 

41. do to F C Luengo, 6th April, 1818. 

42. Luengo to Jackson, 7th April, 18i8. 

43. (a ) Jackson to Luengo, 7th April, 1818. 
(b.) do- do. do. (noon.) 

44. Luengo to Jackson, (protest) 7th April, 1818. 

45. Certificate of Wm. liambly, 24th July, 1818. 

46. C<i.) W. Harnblv and E. Doyle, to A. Jackson, 2d May, 181 
(b.J Gad.den, {James) to do. 3d May, 1818 
(c .) Twiggs, (major) do. do. 
(d.) Brooks, (Jac. R.) and Peter Cone do. do. 

I 



[65] 9 

fe.J Fraser, (A. F.) and D. F. Sullivan to A. Jackson, 2 May, 
1818. 

47. (a.) Arbuthnott to Nicholls, 26th Aug. 1817^ C6urier news* 
( b.J Hambly to Arbuthnott, 10th May, [23d ! paper, (Lon- 

March,] 1817. f don,) of 2*th 

f c.J Indian power to Arbuthnott, 17 June, 181 7 J Aug. 1818. 

48. iiuengo to Arbuthnott, 25th December, 1817. 

Arbuthnott — Armbrister* 

49. Proceedings of the court martial upon their trials. 

50. Extracts from message, 25th March, 1818, p. 7, 8, 11, 12, 1*,2& 

51. (a. ) Gaines, (gen.) to Secretary of War, 2d December, 1817j, 

with a talk to Indians. 
(b.) Gaines, (gen.) to major Muhlenburg, Nov. 1817. 
fc.J Scott, (lieutenant) to general Gaines, 28th Nov. 1817, 
(d.) Gaines, (gen.) to captain Clinch, 30th Nov. 1817. 

52. Jackson to the Secretary of War, 20th April, 1818. 

53. do. do. 26th April, 1818. 
5*. do. do. 5th May, 1818. 

55. do. do. 2d June, 1818. 

56. Extract from message, 15th December, 1817, p. 42, (T. Wayne 

to B. Homans ) 

57. (a. J Extract from message, 26th March, 1818, p. 10; letter to 

the Secretary of State, 24th December, 1817, (ext.) 
(b*) Extract from message, 26th March, 1818, p. 12*; paper in 

M'Gregor's hand writing, being instructions for sailing 

into Tampa Bay. 
(%J Extract from message, 26th March, 1818, p. 7; letter to a 

gentleman in the District of Columbia, 30th July, 1817. 
fd.J Extract from message, 26th March, 1818, p. 9; M'Gregor 

to a gentleman in Baltimore, Nassau, 27th December, 

1817. 
C e.J Extract from message, 26th March, 1818, p. 10; extract 

from intended proclamation to inhabitants of the Flori* 

das, in M'Gregors hand writing. 

58. Extracts from the testimony of L.Phenix, J. S. Arbuthnott, and 

P. B. Cook, on the trial of Armbrister. 

59. Armbrister's memorial to the Duke of York. 

60. do. commission from admiral Cochrane as auxiliary 
second lieutenant of the corps of colonial marines, sent " to 
the creek nations, for the purpose of training to arms such 
Indians, and others^ as may be friendly to, and willing to fight 
under the standard of his (Britannic) majesty," 25th Julv 
1814. ' 

61. Cook, (P. B.) to Eliz. AXarney, Suwahne, 19th January, 1818, 

62. Duplicate draft of A. Arbuthnott to W. Hambly, 3d May, 1817. 

63. Indian talk to Tustonaky Thlacco. 

64. Duplicate draft of letter, A. Arbuthnott to C. Bagot, [Aug. 181 7} 



10 [65] 

65. Arbuthnott to an officer of rank in England, January, 1818, 

(Times newspaper, (London,) Aug. 7th , 1818. 

66. Boleck to governor Coppinger, 18th November, 1816. 

67. Governor Coppinger to Boleck, 20th December, 1816. 

68. Arbuthnott 's journal, (one sheet.) Taken among his papers. 

69. do. to commanding officer Fort Gaines, 3d March, 1817. 

70. Culloh, (A.) to Arbuthnott, May, 1817. 

71. Paper without date or signature: supposed to be the answer to 

the paper marked No. 4, in the proceedings of the court mar- 
tial, on the trial of Arbuthnott. 

72. Arbuthnott to general Mitchell, January, 1818, (No. 6, in court 

martial proceedings.) 






[«*J 



11 



The Secretary of State to George W* Erving, Esp 



No. 7, 



Department of State, 

Washington, 28th November, 181B» 

George W. Erving, Minister Plenipotentiary to Spain, Madrid, 
SIR, 

Your despatches, to No# 92, inclusive, with their enclosures,, 
have been received at this department. Among these enclosures are 
the several notes addressed to you, by Mr. Pizarro, in relation to the 
transactions during the campaign of general Jackson, against the Se- 
minole Indians, and the banditti of negroes combined with them, and 
particularly to his proceedings in Florida, without the boundaries of 
the United States. 

In the fourth and last of those notes of Mr. Pizarro, he has given 
formal notice, that the king, his master, has issued orders for the 
suspension of the negotiation between the United States and Spain, 
until satisfaction shall have been made by the American government 
to him, for these proceedings of generaljackson, which he considers 
as acts of unequivocal hostility against him, and as outrages upon his 
honor and dignity, the only acceptable atonement for which is stated 
to consist in a disavowal jof the acts of the American general, thus 
complained of; the infliction upon him, of a suitable punishment, for 
his supposed misconduct, and the restitution of the posts and territo- 
ries taken by him from the Spanish authorities, with indemnity for all 
the property taken, and all damages and injuries, public or private, 
sustained in consequence of it. 

v Within a very few days after this notification, Mr. Pizarro must 
have received, with copies of the correspondence between Mr. Onis 
and this department, the determination which had been taken by the 
President to restore the places of Pensacola with the fort of Barran- 
cas, to any person properly authorized on the part of Spain to receive 
them, and the fort of St. Marks, to any Spanish force adequate to its 
protection against the Indians, by whom its forcible occupation had 



18 [65] 

been threatened, for purposes bf hostility against the United States. 
The officer commanding at the post, has been directed to consider 
$50 men as such adequate force, and in case of their appearance with 
proper authority, to deliver it up to their commander accordingly. 

From the last mentioned correspondence, the Spanish govern- 
ment must likewise have been satisfied that the occupation of these 
places in Spanish Florida, by the commander of the American forces, 
was not by virtue of any orders received by him from this govern- 
ment, to that effect, nor with any view of wresting the province from 
the possession of Spain, nor in any spirit of hostility to the Spanish 
government; that it arose from incidents, which occurred in the pro- 
secution of the war against the Indians, from the imminent danger in 
which the fort of St. Marks was of being seized by the Indians them- 
selves, and from the manifestations of hostility to the United States* 
bv the commandant of St. Marks, and the governor of Pensacola, the 
proofs of which were made known to general Jackson, and impelled 
him, from the necessities of self-defence, to the steps of which the 
Spanish government complains. 

It might be sufficient to leave the vindication of these measures, 
upon those grounds, and to furnish, in the enclosed copies of general 
Jackson's letters, and the vouchers by which they are supported, the 
evidence of that hostile spirit on the part of the Spanish commanders, 
but for the terms in which Mr. Pizarro speaks of the execution of 
two British subjects, taken, one at the fort of St. Marks, and the other 
at Suwany, and the intimation that these transactions may lead to a 
change in the relations between the two nations, which is doubtless 
intended to be understood as a menace of war. 

It may be therefore proper to remind the government of his 
catholic majesty, of the incidents in which this Seminole war origi- 
nated, as well as of the circumstances connected with it in the rela- 
tions between Spain and her ally, whom she supposes to have been 
injured by the proceedings of general Jackson; and to give to the 
Spanish cabinet some precise information of the nature of the busi- 
ness, peculiarly interesting to Spain, in which these subjects of her 
allies, in whose favor she takes this interest, were engaged, when 
their projects of every kind were terminated in consequence of their 
falling into the hands of general Jackson. 

In the month of August, 1814, while a war existed between the 
United States and Great Britain, to which Spain had formally de- 
clared herself neutral, a British force, not in the fresh pursuit of a de- 
feated and flying enemy, not overstepping an imaginary, and equi- 
vocal boundary between their own territories, and those belonging in 
some sort, as much to their enemy as to Spain; but approaching by 
*ea, and by a broad and open invasion of the Spanish province, at a 
thousand miles, or an ocean's distance from any British territory, 
landed in Florida, took possession of Pensacola, and the fort of Bar- 



[65} 



13 



rancas, and invited by public proclamations, [doc. 1.] all the runaway 
negroes,allthe savage Indians,all the pirates,and all the traitors to their 
country, whom they knew, or imagined to exist within reach of their 
summons, to join their standard, and wage an exterminating war 
against the portion of the United States, immediately bordering up- 
on this neutral, and thus violated territory of Spain. The land com- 
mander of this British force, was a certain colonel Nicholls, who, 
driven fr®m Pensacola, by the approach of general Jackson, actually 
lett, to be blown up, the Spanish fort of Barrancas, when he found 
it could not afford him protection; and evacuating that part of the 
province, landed at another, established himself on the Apalachicola 
river, and there erected a fort, from which to sally forth with his 
motley tribe of black, white, and red combatants, against the defence- 
less borders of the United States, in that vicinity. A part of this 
force consisted of a corps of colonial marines, levied in the British 
colonies, in which George Woodbine was a captain, and Robert 
Christie Armbrister was a lieutenant. [2 b. 59. 60.] 

As between the United States and Great Britain, we should be 
willing to bury this transaction in the same grave of oblivion, with 
other transactions of that war, had the hostilities of colonel Nicholls, 
terminated with the war. But he did not consider the peace which 
ensued between the United States and Great Britain, as having put 
an end, either to his military occupations, or to his negociations with 
the Indians, against the United States. Several months after the rat- 
ification of the treaty of Ghent, he retained his post, and his party- 
coloured forces, in military array. By the ninth article of that treaty, 
[2 b.~\ the United States had stipulated to put an end, immediately 
after its ratification, to hostilities with all the tribes or nations of In- 
dians, with whom they might be at war, at the time of the ratifica- 
tion, and to restore to them all the possessions which they had en- 
joyed in the year 1811. This article had no application to the Creek 
nation, with whom the United States had already made peace, by a 
treaty concluded on the ninth day of August, 1814, more than four 
months before the treaty of Ghent was signed. Yet colonel Nicholls 
not only affected to consider it as applying to the Seminoles of Flori- 
da, and the outlawed Red Sticks, whom he had induced to join him 
there, but actually persuaded them that they were entitled, by virtue 
of the treaty of Ghent, to all the lands which had belonged to the 
Greek nation, within the United States, in the year 1811, and that the 
government of Great Britain would support them in that pretension. 
He asserted [2 a c] also this doctrine in a correspondence with 
colonel Hawkins, then the agent of the United States, with the 
Creeks, and gave him notice in their name, with a mockery of so- 
lemnity, [9.] that they had concluded a treaty of alliance, offensive, 
and defensive, and a treaty of navigation and commerce with Great 
Britain, of which more was to be heard after it should be ratified in 
England. Colonel Nicholls then evacuated his fort, which in some 



14 [65] 

of the enclosed papers, is called the fort at Prospect Bluff, but which 
he had denominated, the British post on the Apalachicola; took with 
him the white portion of his force, and embarked for England with 
several of the wretched savages, whom he was thus deluding to their 
fate, among whom was the prophet Francis or Hillis Hadjo, and left 
the fort, amply supplied with military stores and ammunitions, to 
the negro department of his allies. It afterwards was known by the 
name of the Negro Fort. 

Colonel Hawkins immediately communicated to this government 
the correspondence between him and Nicholls, here referred to, 
(copies of which marked No. 1, to 5, are herewith enclosed,) 
upon which, Mr. Monroe, then Secretary of State, addressed a 
letter [10.] to Mr. Baker, the British Charge d' Affaires at 
Washington, complaining of NichohVs conduct, and shewing 
that his pretence, that the ninth article of the treaty of Ghent, could 
have any application to his Indians, was utterly destitute of founda- 
tion. Copies of the same correspondence were transmitted to the 
minister of the United States, then in England, with instructions [11.] 
to remonstrate with the British government against these proceedings 
of Nicholls, and to show how incompatible they were with the peace 
which had been concluded between the two nations. These remon- 
strances were accordingly made, first in personal interview with earl Ba- 
thurst and lord Castlereagh, and afterwards in written notes address- 
ed successively to them, (copies of which, [12. a. b. 13. a. b.] together 
with extracts from the despatches of the American ministers to the 
Secretary of State, reporting what passed at those interviews, are en- 
closed.) Lord Bathurst, in the most unequivocal manner, confirm- 
ed the facts, and disavowed the misconduct of Nicholls; declared his 
disapprobation of the pretended treaty of alliance, offensive and defen- 
sive, which he had made, assured the American minister that the 
British goyerument had refused to ratify that treaty, and would send 
back the Indians, whom Nicholls had brought with him, with advice 
to make their peace on such terms as they could obtain. Lord Cast- 
lereagh confirmed the assurance that the treaty would not be ratified; 
and if at the same time that these assurances were given, certain dis- 
tinctions of public notoriety were shown to the prophet Hillis Ehidjo, 
and he was actually honpred with a commission as a British oiiicer, 
it is to be presumed that these favors were granted him as rewards 
of past services, and not as encouragement to expect any support 
from Great Britain, in a continuance of savage hostilities, against the 
United States; all intention of giving any such support having been 
repeatedly and earnestly disavowed. 

The negro fort, however, abandoned by colonel Nicholls, re- 
mained on the Spanish territory, occupied by the banditti to 
whom he had left it, and held by them as a post from whence to 
commit depredations, outrages, and murders, and as a receptacle 
for fugitive slaves and malefactors, [14?.] to the great annoy- 
ance both of the United States and of Spanish Florida. In AprJL 



[65] 



15 



1816, general Jackson wrote a letter to the governor of Pensacola, 
calling upon him to put down this common nuisance to the peace- 
able inhabitants of both countries. That letter, together with 
the answer of the governor of Pensacola, [15,] has already been 
communicated to the Spanish minister here, and by him doubtless to 
his government. Copies of them are nevertheless now again enclos- 
ed; particularly as the letter from the governor, explicitly admits that 
this fort, constructed by Nicholls in violation both of the territory 
and neutrality of Spain, was still no less obnoxious to his government 
than to the United States; but that he had neither sufficient force, nor 
authority without orders from the governor general of the Havanna 
to destroy it. It was afterwards [23.] on the 27th of July, 1816,, 
destroyed by a cannon shot from a gun vessel of the United States* 
which in its passage up the liver, was fired upon from it. It was 
blown up with an English flag still flying as its standard; and imme- 
diately after the barbarous murder of a boat's crew, belonging to the 
navy of the United States, by the banditti left in it by jNicholls. 

In the year 1817, Alexander Arbuthn'ott, of the Island of New 
Providence, a British subject, first appeared as an English trader in. 
Spanish Florida, and as the successor of colonel Nicholls in the em- 
ployment of instigating the Seminole and outlawed Red Stick Indians 
to hostilities against the United States, by reviving the pretence that 
they were entitled to all the lands which had been ceded by the Creek 
nation to the United States, in August 1814. As a mere Indian trad- 
er, the intrusion of this man into a Spanish province, was contrary to 
the policy observed by all the European powers in this hemisphere, 
and by none more rigorously than by Spain, of excluding all foreign- 
ers from intercourse with the Indians within their territories. It 
must be known to the Spanish government whether Arbuthnott had a 
Spanish licence for trading with the Indians in Spanish Florida, or 
not; but they also know that Spain was bound by treaty to restrain by 
force all hostilities on the part of those ladians, against the citizens 
of the United States; and it is for them to explain, how consistently 
with those engagements, Spain could, contrary to all the maxims of 
her ordinary policy, grant such a license to a foreign incendiary f 
whose principal if not his only object appears to have been, to stimu- 
late those hostilities which Spain had expressly stipulated by force to 
restrain. In his infernal instigations he was but too successful. [49.] 
No sooner did he make his appearance among the Indians,accompanied 
by the prophet Hillis Hadjo, returned from his expedition to Eng- 
land, (50,) than the peaceful inhabitants on the borders of the United 
States were visited with all the horrors of savage war; the robbery of 
their property, and the barbarous and indiscriminate murder of wo- 
man, infancy and age. 

After the repeated expostulations, warnings, aud offers of peace, 
through the summer and autumn of 1817, on the part of the United 
States, had been answered only by renewed outrages, and after a de- 
tachment of 40 men, under lieutenant Scott,- [51 a] accompanied by 



16 [65] 

«'e$en women, had been waylaid and murdered by the Indians, [61] 
orders were given to general Jackson, and an adequate force was 
placed at his disposal to terminate the war. It was ascertained, that 
the Spanish force in Florida was inadequate for the protection even of 
the Spanish territory itself, against this mingled horde of lawless In- 
dians and negroes; and although their devastations w-ere committed 
within the limits of the United States, they immediately sought re- 
fuge within the Florida line, and there only were to be overtaken, 
The necessity of crossing the line was indispensable; for it was from 
beyond the line that the Indians made their murderous incursions 
vithin that of the United State. It was there that they had their 
abode; and the territory belonged in fact to them, although within 
the borders of the Spanish jurisdiction. There it was that the Ame- 
rican commander met the principal resistance from them; there it 
was that were found [38] the still bleeding scalps of our citizens, 
freshly butchered by them; there it was that he released the only 
tvoman who had been suffered to survive the massacre of the party 
under lieutenant Scott. But it was not anticipated by this govern- 
ment, that the commanding officers of Spain in Florida, whose espe- 
cial duty it was, in conformity to the solemn engagements contracted 
by their nation, to restrain by force those Indians from hostilities 
against the United States, would be found encouraging, aiding, and 
abetting them, and furnishing them supplies for carrying on such hos- 
tilities. The officer in command immediately before general Jack- 
son, was therefore specially instructed to respect as far as possible the 
Spanish authority, wherever it was maintained; and copies of those 
orders were also furnished to general Jackson, upon his taking the 
command. 

In the course of his pursuit, as he approached St. Marks, he was 
informed direct from the governor of Pensacola, that a party of the 
hostile Indians had threatened to seize that fort, and that he apprehend- 
ed the Spanish garrison there was not in strength sufficient to defend 
it against them. This information was confirmed from other sources; 
and, by the evidence produced upon the trial of Armbrister, is prov- 
ed to have been exactly true. By all the laws of neutrality, and of 
war, as well as of prudence and of humanity, he was warranted in an- 
ticipating his enemy by the amicable, and, that being refused, by the 
forcible occupation of the fort. There will need no citations from 
printed treatises on international law, to prove the correctness of this 
principle. It is engraved in adamant on the common sense of man- 
kind. No writer upon the laws of nations, ever pretended to contra- 
dict k. JSone, of any reputation or authority, ever omitted to assert 
it. 

At fort St. Marks, Alexander Arbuthnott, the British Indian 
trader from beyond the seas, the fire-brand, by whose touch this ne- 
gro-fndian war against our borders had been rekindled, was found 
[34] an inmate of the commandant's family. And it was also found, 
that, by the commandant himself, councils of war had been permitted 



[65] 



17 



to be held within it by the savage chiefs and warriors; that the Spanish 
storehouses had been appropriated to their use; that it was an open 
market for cattle, known to have been robbed by them from citizens 
of the United States, and which had been contracted for and purchas- 
ed by the officers of the garrison; that information had been afforded 
from this fort by Arbuthnott to the enemy, of the strength and move- 
ments of the American army; that the date of departure of express 
had been noted by the Spanish commissary, and ammunition, muni- 
tions of war and all necessary supplies; furnished to the Indians. 

The conduct of the governor of Pensacola was not less marked 
by a- disposition of enmity to the United States* and by an utter dis- 
regard to the obligations of the treaty, by which he was bound to re- 
strain by force the Indians from hostilities against them. When call- 
ed upon to vindicate the territorial rights and authority of Spain, by 
the destruction of the negro fort, his predecessor had declared it to 
be not less annoying and pernicious to the Spanish subjects in Florida, 
than to the United States, but had pleaded his inability to subdue it 
He himself had expressed his apprehensions, tlvSt fort St. Marks would 
be forcibly taken by the savages from its Spanish garrison; yet, at the 
same time, he had refused the passage up the Escambia river, unless 
upon the payment of excessive duties, to provisions, destine .1 i* sup- 
plies for the American army, which, by the detention of (HcHijj was 
subjected (o the most distressing privations. He had pernrtted free 
ingress and egress at Pensacola to the avowed savage enenu-;> . f the 
United States. Supplies of ammunition, munitions of war *knd pro- 
visions had been received by them from thence. They had ^en re- 
ceived and sheltered there, from the pursuit of the American forces, 
and suffered again to sally thence, to enter upon the American terri- 
tory and commit new murders. Finally, on the approach of'general 
Jackson to Pensacola, the governor sent him a letter, [33] denouncing 
his entry upon the territory of Florida, as a violent outrage upon the 
rights of Spain, commanding him tp depart and withdraw from the 
same, and threatening in case of his non-compliance to employ force 
to expel him. 

It became therefore, in the opinion of general Jackson, [54] in- 
dispensably necessary to take from the governor of Pensacola the 
means of carrying his threat into execution. Before the forces un- 
der his command, the savage enemies of his country had disappeared. 
But he knew that the moment those forces should be disbanded, if 
sheltered by Spanish fortresses, if furnished with ammunitions and 
supplies by Spanish officers, and if aided and Supported by the insti- 
gation of Spanish encouragement, as he had every reason to expect 
they would be, they would re-appear, and, fired, in addition to their 
ordinary ferociousness, with revenge for the chastisement they had 
so recently received, would again rush with the war-hatchet and the 
scalping-knife, into the borders of the United States, and mark every 
footstep with the blood of their defenceless citizens. So far as all 
the native resources of the savage extended,-: the war was at an end^ 



li C«0 

&nd general Jackson was about to restore to their families and their 1 
hemes, the brave volunteers who had followed his standard, and who 
had constituted the principal part of his force This could be done 
with safety, leaving the regular portion of his troops to garrison his 
line of forts, and two small detachments of volunteer cavalry to scour 
the country round Pensacola, and sweep off the larking remnant o£ 
savages, who had been scattered and dispersed before him. This 
was sufficient to keep in check the remnant of the banditti, against 
whom he had marched, so long as they should be destitute of other 
aid and support. It was in his judgment not sufficient, if they should 
be suffered to rally their numbers under the protection of Spanish 
forts, and to derive new strength from the impotence or the ill will 
against the United States of the Spanish authorities. 

He took possession therefore of Pensacola, and of the fort of 
Barrancas, as he had done of St. Marks, not in a spirit of hostility to 
Spain* but as a necessary measure of self-defence; giving notice that 
they should be restored whenever Spain should place commanders 
and a force there, able and willing to fulfil the engagements of Spain 
towards the United States, of restraining by force the Florida Indians 
from hostilities against their citizens. The President of the United 
States, to give a signal manifestation of his confidence in the disposi- 
tion of the king of Spain, to perform with good faith this indispensa- 
ble engagement, and to demonstrate to the world, that neither ihe de- 
sire of conquest, nor hostility to Spain, had any influence in the coun- 
cils of the United States, has directed the unconditional restoration 
to any Spanish officer, duly authorized to receive them, of Pensaco- 
la, and the Barrancas, and that of St. Marks to any Spanish force 
adequate for its defence, against the attack of the savages But the 
President will neither inflict punishment, nor pass a censure, upon 
general Jackson, for that conduct, the motives for which were found- 
ed in the purest patriotism; of the necessity for which he had the 
most immediate and effectual means of forming a judgment; and the 
vindication of which is written in every page of the law of nations, as 
well as in the first law of nature, self-defence. He thinks it, on the 
contrary* due to the justice, which the United States have a right to 
claim from Spain, and you are accordingly instructed to demand of 
the Spanish government, that inquiry shall be instituted into the con- 
duct of Don Jose Mazot, governor of Pensacola, and of Don Francis- 
co C. Luengo, commandant of St. Marks, and a suitable punishment 
inflicted upon them, for having, in defiance and violation of the en- 
gagements of Spain with the United States, aided and assisted these 
hordes of savages, in those very hostilities against the United States, 
which it was their official duty to restrain. This inquiry is due to 
the character of those officers themselves, and to the honor of the 
Spanish government. The obligation of Spain, to restrain by force \ 
the Indians of Florida, from hostilities against the Cfnited States and 
their citizens, is explicit, is positive, is unqualified. The fact, that 
for a series of years, they have received shelter, assistance, supplies, 



[65J 



J* 



and protection, in the practice of such hostilities, from the Spanish 
commanders in Florida, is clear and unequivocal. If, as the com- 
manders, both at Fensacola and St. Marks, have alleged, [32, 42] 
this has been the result of their weakness, rather than of their will, if 
they have assisted the Indians against the United States, to avert their 
hostilities from the province which they had not sufficient force to de- 
fend against them, it may serve in some measure to exculpate, indi- 
vidualiy, those officers;; but it must carry demonstration irresistible 
to the Spanish government, that the right of the United States can as 
little compound with impotence as with perfidy, and that Spain must 
immediately make her election, either to place a force in Florida, 
adr quate at once to the protection of her territory, and to the fulfil- 
ment of her engagements, or cede to the United States a province, 
of which she retains nothing but the nominal possession, but which is 
in fact a derelict, open to the occupancy of every enemy, civili?e4 or 
savage, of the United States, and serving no other earthly purpose^ 
than as a post of annoyance to them, 

That the purposes, as well of the negro-Indian banditti, with 
whom we have been contending, as of the British invaders of Flori- 
da, who first assembled and employed them, and of the British in* 
V uding and pretended traders, since the peace, who have instigated, 
and betrayed them to destruction, have been not less hostile to Spain 
than to the United States, the proofs, contained in the documents 
herewith enclosed, are conclusive. Mr. Pizarro's note of 29th Au- 
gust, speaks of his catholic majesty's profound indignation at the "san- 
guinary executions on the Spanish soil of the subjects of powers in 
amity with the king;" meaning Arbuthnott and Armbrister. Let Mr. 
Pizarro's successor take the trouble of reading the enclosed docu- 
ments, [49, 58,] and he will discover who Arbuthnott and Armbrister 
were, and what were their purposes; that Arbuthnott was only the 
successor of Nicholls, and Armbrister the agent of Woodbine and the 
subaltern of M'Gregor, Mr. Pizarro qualifies general Jackson's 
necessary pursuit of a defeated savage enemy beyond the Spanish 
Florida line, as a shameful invasion of his majesty's, territory. Yet 
that territory was the territory also of the savage enemy, and Spain 
was bound to restrain them by force from hostilities against the United 
States: and it was the failure of Spain to fulfil this engagement,which 
had made it necessary for general Jackson to pursue the savage 
across the line. ^Vhat then was the character of Nicholls's invasion 
of his majesty's territory, and where was his majesty's profound in- 
dignation at that? Mr. Pizarro says, his majesty's forts and places 
have been violently seized on by general Jackson. Had they not 
been seized on, nay had not the principal of his forts been blown up, 
by Nicholls, and a British fort on the same Spanish territory been 
erected during the war, and left standing as a negro fort, in defiance 
of Spanish authority, after the peace? Where was his majesty's pro- 
found indignation at that? Has his majesty suspended formally all 
aegotiation with the- sovereign of colonel Nicholls, for this shameful 



20, [65] 

invasion of his territory, without color of provocation, without pre- 
tence of necessity, without shadow or even avowal of a pretext? Has 
his majesty given solemn warning to the British government, that 
these were incidents u of transcendent moment, capable of producing 
an essential and thorough change in the political relations of the two 
countries." Nicholls and Woodbine, in their invitations and promis- 
es to the slaves to run away from their masters and join them, did 
hot confine themselves to the slaves ol the United States. They re- 
ceived with as hearty a welcome, and employed with equal readiness, 
the fugitives from their masters in Florida, as those from Georgia. 
Against this special injury the governor of Pensacola did earnestly 
remonstrate with the British admiral Cockburn. [See the document 
marked 25.] But against the shamrful invasion of the territory; 
against the violent seizure of the forts and places; against the blow* 
ing up of the Barrancas, and the erection and maintenance, under 
British banners of the negro fort on Spanish soil; against ihe negotia* 
tion, by a British officer, in the midst of peace, of pretended treaties, 
offensive and defensive, and of navigation and commerce, upon Span- 
ish territory, between Great Britain and Spanish Indians, whom Spain 
was bound to control and restrain; it a whisper of expostulation was 
everwafted from Madridto London, it was notloud enough to be heard 
across the Atlantic, nor energetic enough to transpire beyond the 
walls of the palaces from which it issued and to which it was borne. 

The connexion between Arbuthnott and Nicholls, and between 
Armbrister, Woodbine and McGregor, is established beyond all ques- 
tion, by the evidence produced at the trials before the court martial. 
I have already remarked to you on the very extraordinary circum- 
stance, that a British trader, from beyond the sea, should be permit- 
ted by the Spanish authorities to trade with the Indians of Florida. 
From his letter to Hambly, dated 3d May, 1817, [see the document 
marked Gin the proceedings of the court-martial,] it appears that his 
trading was but a pretence; and that his principal purpose was to act 
as the agent of the Indians of Florida, and outlaws from the Creeks, 
to obtain the aid of the British government in their hostilities against 
the United States. He expressly tells Hambly there, that the chief 
of those outlaws was the principal cause of his (Arbuthnott's) being in 
the country; and that he had come with an answer from earl Bathurst, 
delivered to him by governor Cameron of New Providence, to certain 
Indian talks, in which this aid of the British government had been 
solicited. 

Hambly himself had been left by Nicholls as the agent between 
the Indians and the British government; but having found that Nich- 
olls had faded in his attempt to prevail upon the British government 
to pursue this clandestine war. in the midst of peace, and that they 
were not prepared to support his pretence, that half a dozen outlawed 
fugitives from the Creeks were the Creek nation; when Arbuthnott, 
the incendiary, came, and was instigating them by promises of sup- 
port from Great Britain, to commence their murderous incursions 



[65] 



21 



into the United States, Hambly, at the request of the chiefs of the 
Creeks themselves, wrote to him, [47, 6.] warning him to withdraw 
from among that band of outlaws, and giving him a solemn foreboding 
of thedoom thatawaited him from the hand of justice, if he persevered 
in the course that he pursued. Arbuthnott nevertheless persisted; and 
while he was deluding the wretched Indians with the promise of sup- 
port from England, he was writing letters for them [49, B« C.D.E.F.] 
to the British minister in the Unittd States, to governor Cameron of 
New Providence, to colonel Nicholls, to be laid before th*e British 
government, and even to the Spanish governor of St. Apigustine, 
and the governor general of the Havana, [H. n* 2.] soliciting, in all 
quarters, aid and support, arms and ammunition, for the Indians 
against the United States, bewailing the destruction of the negro fort, 
and charging the British government with having drawn the Indians 
into war with the United States, and deserting them after the peace. 
You will remark, among the papers produced on his trial, a pow- 
er of attorney, [49 n. 1.] dated 17th June, 1817, given him by twelve 
Indians, partly of Florida, and partly of the fugitive outlaws from the 
United States. He states that this power, and his instructions, were 
to memorialize the British government and the governor general of 
the Havana. These papers are not only substantially proved, as of 
his hand writing, On the trial, but in the daily newspapers of London, 
of the 24th and 25th of August last, his letter to Nicholls [compare 
47 a, and 49 F.] is published, (somewhat curiously garbled) with a co- 
py [47 b.] of Hambly's abovementioned letter to him, and a reference 
to this Indian power of attorney to him, [compare 47 c. and 4<9 n. l] 
approved by the commandant of Si. Marks, F. C. Luengo. Another of 
the papers, is a letter written in the name of the same chiefs, by Ar« 
buthnott, to the governor general of the Havana, [49 XL] asking of 
him permission for Arbuthnott to establish a warehouse on the Apala- 
chicola; bitterly and falsely complaining, that the Americans had 
made settlements on their lands within the Spanish lines; and calling 
upon the governor general to give orders to displace them, and send 
them back to their own country. In this letter, they assign as a rea- 
son for asking the license for Arbuthnott, their want of a person to 
put in writing for them their talks of grievances against the Ameri- 
cans: and they add, "The commander of the fort of St. Marks has 
heard all of our talks and complaints. He approves of what we have 
done,, and what we are doing; and it is by his recommendation we 
have thus presumed to address your excellency." You will find 
these papers in the printed newspapers enclosed, and in the proceed- 
ings of the court martial, and will point them out to the Spanish go» 
vernment, not only as* decisive proofs of the unexampled compliances 
of the Spanish officers in Florida, to foreign, intrusive agents and in- 
stigators of Indian hostilities against the United States, but as placing 
beyond a doubt that participation of this hostilt spirit in the com* 
mandant of St. Marks, which general Jackson so justly complains of, 
and of which w-s have so well founded a right to demand the punish- 



8*3 t65j 

ment. Here 13 the commandant of a Spanish fort, bound by the 
sacred engagement of a treaty, to restrain by force the Indians within 
his command from committing hostilities against the United States, 
conspiring with those same Indians, and deliberately giving his writ- 
ten approbation to their appointment of a foreigner, a British subject, 
as their agent to solicit assistance and supplies from the governor 
general of the Havana, and from the British government, for carry- 
ing on those same hostilities* 

Let«us come to the case of Armhrister. He was taken in arms; 
leading and commanding the Indians in the war against the American 
troops; and to that charge, upon his trial, pleaded guilty But the 
primary object of his coming there, was still more hostile to Spain 
than to the United States. You find [58] that he told three of the 
witnesses who testified at his trial, that he had come to this country 
upon Mr. Woodbine's business at Tampa Bay, to see the negroes right- 
ed; and one of them, that he had a commission in the patriot army. 
under M'&regor, and that he had expected a captaincy. And what 
was the intended business of MGregor and Woodbine at Tampa 
Bay? It was the conquest of Florida from Spain, by the use of those 
very Indians and negroes whom the commandant of St. Marks was 
SO ready to aid and support in war against the United States. The 
chain of proof that establishes this fact, is contained in the documents 
communicated by the President to Congress, at their last session, relat- 
ing to the occupation of Amelia Islapd by McGregor. From these docu- 
ments you will find [5$. 57, c] that, while M'Gregor was there, Wood- 
bine went from New Providence, in a schooner of his own, to join him; 
:hat he arrived at Amelia Island just as M'Gregor, abandoning the 
companions of his achievement there, was leaving it; that M'Gregor, 
quitting the vessel in which he had embarked at Amelia, went on 
board that of Woodbine, and returned with him to New Providence; 
that Woodbine had persuaded him they could yet accomplish the 
conquest of Florida, with soldiers to be recruited at Nassau, from 
the corps of colonial marines, which had served under Nicholls dur- 
ing the late war with the United States, which corps had been lately 
disbanded, and with negroes to be fdind at Tampa Bay, and 1500 
Indians, already then engaged to W T oodbine,who pretended that they 
had made a grant of all their lands there to him. Among the pa- 
pers, the originals of which are in our possession, are, in M'Gregor's 
own hand-writing, instructions [57 b.] for sailing into Tampa Bay, 
with the assertion, that he calculated to be there by the last of April, 
or first of May, of the present yea/; a letter [c] dated 27th December 
last, to one of his acquaintance in this country, disclosing the same 
intention; and the extract of a proclamation, [d] which was to have 
been issued at Tampa Bay. to the inhabitants of Florida, by the per- 
son charged with making the settlement there, before his arrival, an- 
nouncing his approach for the purpose of liberating them from the 
despotism of Spain, and of enabling them to form a government for 
ihern.selves, ££e had persuaded those who would listen t*> him here, 






M 



2§ 



that bis ultimate object was to sell tbe Fioridas to tlie United Statesi 
There is some reason to suppose, that he had made indirect over- 
tures of a similar nature to the British government. This was Arrii- 
brister's business in Florida. He arrived there in March, the pre- 
cursor of M'Gregor and Woodbine; and immediately Upon his ar- 
rival, he is found [49] seizing Updn Arbuthnott's goods, and distri- 
buting them among the negroes and Indians; seizing upon his vessel* 
and compelling its master to pilot him, with a body of armed negroes* 
towards the fort of St. Marks, with the declared purpose of taking it 
by surprise in the bight; writing letters to governor Cameron of NeW" 
Providence, urgently calling for supplies of munitions of war and of 
cannon for the war against the Americans, and letters to colonel 
Nicholls, renewing the same demands of supplies, informing him 
that he is with 3U0 negroes, "a few of our Bluff people*" who had 
stuck to the cause, artd were relying upon the faith of Nicholas prd« 
mises. "Our Bluff peOple" were the people of the negro fort, col- 
lected by Nicho Is and Woodbine's proclamations during the Ameri- 
can and English war; and u the cause" to which they stuck, was the 
savage, servile, exterminating war' against the United States'* 

Among the agents and actors of such virtuous enterprises as are 
here Unveiled, it was hardly to be expected, that dure would be 
found remarkable evidences of their respect, confidence and good 
faith towards one another* Accordingly, besides the violent seizures 
and distribution by Armbri3ter of Arbiithnott's property, his letters to 
Cameron, and to Nicholls., are filled with the distrust and suspicions 
of the Indians, that they Were deceived and betrayed bv Arbuthnottj 
while in Arbuthnott's letters to the same Nicholls, [49 F/j he accused 
Woodbine of having taken charge of poor Francis the prophet* Or 
Hillis Hadjo, upon his return from England to New Providence, aiid^ 
under pretence of taking care of him and his affairs, of having de- 
frauded him of a large portion of the presents which had been deliv» 
ered out from the king's stores to him for Francis's use. This is 
one of the passages of Arbuthnott's letter [47 a ] to Nicholls, omitted 
in the publication Of it last August, in the London newspapers. 

Is this narrative of dark and complicated depravity; this creep- 
ing and insidious war, both against Spain and the United States^ 
this mockery of patriotism; these political philters to fugitive slaves, 
and Indian outlaws; these perfidies and treacheries of villains, inca- 
pable of keeping their faith, even to each other; all in the name of' 
South American liberty, of the rights of runaway negroes, and the 
wrongs of savage murderers; all combined, and projected to plunder 
Spain of her province, and to spread massacre and devastation 
along the borders of the United States; is all this sufficient to cool 
the sympathies of his catholic majesty's government, excited by the 
execution of these two " subjects of a power in amity with the king? 5 * 
The Spanish government is not at this day to be informed, that, cruel 
as war in its mildest forms must be, it is, and necessarily must in 
doubly cruel when Waged with savages; that savages make no pi4sO!f> 



ft* [G-5] 

ers, but to torture them; that they give no quarters; that they put to 
death, without discrimination of age or sex. That these ordinary 
characteristics of Indian warfare, have been applicable in their most 
heart-sickening horrors to that war, left us by Nicholls, as his legacy, 
re-instigated by Woodbine, Arbuthnott, and Armbrister, and stimulat- 
ed by the approbation, encouragement, and aid of the Spanish com- 
mandant at St. Marks, is proof required? Intreat the Spanish min- 
ister of State for a moment to overcome the feelings, which details 
like these must excite; and to reflect, if possible, with composure 
upon the facts stated in the following extracts, from the documents 
enclosed. 

Letter from sailing-master JairusLoomis to commodore Daniel 
T. Patterson, 13th August, 1816, reporting the destruction of the ne- 
gro fort. [23] 

" On examining the prisoners, they stated that Edward Daniels, 
O. S. who was made prisoner in the boat, on the 17th July, was tar- 
red and burnt alive." 

Letter from Archibald Clarke to gen. Gaines, 26th Feb. 181 T. 
(Message P. U. S. to Congress, 25th March, 18 I 8, p. 9.) 

'• On the 24-th inst. the house of Mr Garret, residing in the up- 
per part of this county, near the boundary of Wayne county, (Geor- 
gia,) was attacked, during his absence, near the middle of the day, 
by this party (of Indians,) consisting of about fifteen, who shot Mrs. 
Garret, in two places, and then despatched her by stabbing and scalp- 
ing. Her two children, one about three years, the other two months, 
were also murdered, and the eldest scalped: the house was then plun- 
dered of every article of value, and set on tire. 

Letter from Peter 15. Cook, (Arbuthnott's clerk,) to Eliz, A. 
Carney, at Nassau, dated Suwahnee, 19th January, 1818, giving an 
account of their operations with the Indians against the Americans; 
and their massacre of lieut. Scott and his party. [61.] 

*' There was a boat that was taken by the Indians, that had in, 
thirty men, seven women, lour small children. There were six 
of the men got clear, and one woman saved, and all the rest of them 
got killed. The children were took by the leg, and their brains dash- 
ed out against the boat." 

If the bare recital of scenes like these cannot be perused with- 
out shuddering, what must be the agonized feelings of those whose 
wives and children are from day to day, and from night to night, ex- 
posed to be the victims of the same barbarity? Has mercy a voice 
to plead for the perpetrator?, and instigators of deeds like these?-— 
Should inquiry hereafter be made, why, within three months after 
this event, the savage HamathU-Meico, upon being taken by the 
American troops, was by order of their commander immediately hung, 
let it be told, that that savage was the commander of the party, by which 
those women were butchered, and those helpless infants were thus 
dashed against the boat. Contending with such enemies, although hu- 
manity revolts at entire^ retaliation upon them, and spares the lives of 



£65] 



25 



their feeble and defenceless women and children, yet mercy, herself, 
surrenders to retributive justice the lives of their leading warriors ta- 
ken in arms, and still more the lives of the foreign, white incendiaries, 
who, disowned by their own governments, and disowning their own 
natures, degrade themselves beneath the savage character, by vo- 
luntarily descending to its level. Is not this the dictate of common 
sense? Is it not the usage of legitimate warfare? Is it not conso- 
nant to the soundest authorities of national law? " When at war 
(says Vattelj with a ferocious nation, which observes no rules, and 
grants no quarter, they may be chastised in the persons of those of 
them who may be taken; they are of the number of the guilty, and by 
this rigor the attempt may be made of bringing them to a sense of the 
laws of humanity." And again: " As a general has the right of sa« 
crificing the lives of his enemies to his own sarety or that of his peo- 
ple, if he has to contend with an inhuman enemy, often guilty of such 
excesses, he may take the lives of some of his prisoners, and treat 
them as his own people have been treated." The justification of 
these principles is found in their salutary efficacy, for terror, and for 
example. 

It is thus only that the barbarities of Indians can be successfully 
encountered. It is thus only that the worse than Indian barbarities 
of European impostors, pretending authority from their governments, 
but always disavowed, can be punished and arrested. Great Britain 
yet engages the alliance and co-operation of savages in war. But 
her government has invariably disclaimed all countenance or author- 
ization to her subjects to instigate against us in time of peace. Yet 
so it has happened, that, from the period of our established indepen- 
dence to this day, all the Indian wars with which we have been af- 
flicted, have been distinctly traceable to the instigation of English 
traders or agents. Always disavowed, yet always felt; more than 
once detected, but never before punished; two of them, offenders of 
the deepest dye, after solemn warning to their government, and indi- 
vidually to one of them, have fallen, flagrante delicto, into the hands of 
an American general; and the punishment inflicted upon them has 
fixed them on high, as an example, awful in its exhibition, but we 
trust auspicious in its results, of that which awaits unauthorized pre- 
tenders of European agency, to stimulate' and interpose in wars be« 
tween the United States and the Indians within their control. 

This exposition of the origin, the causes, and the character, of 
the war with the Seminole Indians, and part of the Creeks, combined 
with McGregor's mock Patriots and Nicholls's negroes which neces- 
sarily led our troops into Florida, and gave rise to all those incidents 
of which Mr. Pizarro so vehemently complains, will, it is hoped, 
enable you to present other and sounder vie W3 of the subject to his 
catholic majesty's government. 

It will enable you to show, that the occupation ©f Pensacola and" 

St. Marks was occasioned neither by a spirit of hostility to Spain, 

nor with a view to extort prematurely the province from her posses- 

sionj that it was rendered necessary by the neglect of Spain to per- 

4 



26 [65] 

form her engagements of restraining the Indians from hostilities 
against the United States, and by the culpable countenance, encour- 
agement, and assistance, given to those Indians, in their hostilities, 
by the Spanish governor and commandant at those places; that the 
United States have a right to demand, as the President does demand, 
of Spain, the punishment of those officers for this misconduct; and 
he further demands of Spain a just snd reasonable indemnity to the 
United States for the heavy and necessary expenses, which they have 
been compelled to incur, by the failure of Spain to perform her en- 
gagements to restrain the Indians, aggravated by this demonstrated 
complicity of her commanding officers with them, in their hostilities 
against the United States — That the two Englishmen, executed by 
order of general Jackson were not only identified with the savages, 
with whom they were carrying on the war against the United States, 
but that one of them was the mover and fomenter of the war, which, 
without his interference and false promises to the Indians of support 
from the British government, never would have happened; that the 
other was the instrument of war against Spain as well as the United 
States commissioned by M'Gregor and expedited by Woodbine, up- 
on their project of conquering Florida, with these Indians and ne- 
groes; that, as accomplices of the savages, and, sinning against their 
better knowledge, worse than savages, general Jackson, possessed of 
their persons and of the proofs of their guilt, might, by the lawful and 
ordinary usages oi war, have hung them both without the formality 
of a trial; that, to allow them every possible opportunity of refuting 
the proofs, or of showing any circumstance in extenuation, of their 
crimes, he gave them the benefit of trial by a court martial of highly 
respectable officers; that the defence of one consisted solely and ex- 
clusively of technical cavils at the nature of part of the evidence 
against him, and the other confessed his guilt; finally, that, in restor- 
ing Pensacola and St. Marks to Spain, the President gives the most 
signal proof of his confidence, that hereafter her engagement to re- 
strain by force the Indians of Florida from all hostilities against the 
United States, will be effectually fulfilled — that there will be no more 
murders, no more robberies, within our borders, by savages, prowling 
along the Spanish line, and seeking shelter within it, to display in 
their villages the scalps of our women and children, their victims, 
and to sell, with shameless effrontery, the plunder from our citizens, 
in Spanish forts and cities — that we shall hear no more apologies 
from Spanish governors and commandants of their inability to perform 
the duties of their office and the solemn contracts of their country, 
no more excuses for compliances to the savage enemies of the Unit- 
ed States from the dread of their attacks upon themselves, no more 
harboring of foreign impostors upon compulsion — that a strength 
sufficient will be kept in the province, to restrain the Indians by force, 
and officers empowered and instructed to employ it effectually to 
maintain the good faith of the nation by the effective fulfilment of the 
treaty. The duty of this government to protect the persons and pro- 



[65*] 27 

perty of our fellow-citizens on the borders of the United States is 
imperative: it must be discharged: and if after all the warnings that 
Spain has had—if after the prostration of all her territorial rights and 
neutral obligations, by Nicholis and his banditti, during war, and of 
all her treaty-tipulations, by Arbuthnott and Armbrister, abetted 
by her own commanding officers, during peace, to the cruel annoy- 
ance of the United States— if the necessities of self defence should 
again compel the United States to take possession of the Spanish forts 
and places in Florida, declare, with the frankness and candor that be- 
come us, that another unconditional restoration of them must not be 
expected; that even the President's confidence in the good faith and 
ultimate justice of the Spanish government, will yield to the painful 
experience of continual disappointment; and that, after unwearied 
and almost unnumbered appeals to them for the performance of their 
stipulated duties, in vain, the United States will be reluctantly com- 
pelled to rely for the protection of their borders upon themselves 
alone. 

You are authorized to communicate the whole of this letter, and 
the accompanying documents, to the Spanish government. 

I have the honor, &c. &c. 
(Signed) JOHN QUINCY ADAMS, 



Extract of a letter, JYo. 9 ', from Mr. Adams to Mr. Erving, daped 

Department of State, 
Washington, December 2, 1818. 

" On the 27th of March last, the Spanish minister here, Mr. Onis, 
addressed a letter to this department, for the professed purpose of 
vindicating the character and conduct of the Spanish commanding 
officers in Florida, and of proving that they had invariably discharged 
their duties of friendly proceeding towards the United States, and the 
obligations of the treaty of 1795, by which Spain was bound t© re- 
strain, by force, the hostilities of her Indians in Florida, against the 
United States. To this letter are annexed fourteen documents^ the 
greater part of which consist of remonstrances, addressed during the 
late war between the United States and Great Britain, to British offi= 
cers, against their continual violations of the neutrality ©f the Spanish 



28 [65} 

territory. It is not however to those documents, but to the two num- 
bered 13 and 14, as annexed to that letter, [66,67,] that I wish tc 
invite your attention. No, 13 is the translation of a letter, purport- 
ing to be from Bowlegs, one of the Seminole Indian chiefs, most in- 
veterately hostile to the United States, to Don Jose Coppinger, gover- 
nor of St. Augustine; a translation you will say — »why a translation? 
and from what language? Neither governor Coppinger, nor Mr. Onis 
have furnished the means of answering that question. They are fur- 
nished however by the papers of Arbuthnott, which fell into general 
Jackson's hands. The language was English, and the original was 
written by Arbuthnott. The draught was found among his papers, 
and was produced to the court martial upon his trial, [49, No. 2, p. 34.] 
We naturally suppose that governor Coppinger, upon receiving a let- 
ter in English, from a Seminole Indian chief, must have been surpris- 
ed* unless he knew from whom and whence it came. The substance 
of his answer shows that he did know, both whence it came, and the 
character of him by whom it was written. By the copies of the two 
letters, which are enclosed, you will see, in that of Bowlegs, a part of 
the systematic intrigues of Arbuthnott, to instigate, as well the Spanish 
commanders in Florida, as the savages, against the United States; 
and in that of governor Coppinger, a direct declaration to the Indians, 
that all his supposed causes of alarm and complaint, proceed " from 
the information of persons in whom he ought not to place the small- 
est confidence, it being their principle to employ such opportunities 
for the purpose of seducing him and his people from their daily labor." 
After offering his own friendly advice, the governor adds, u I am 
fearful, however, that the sentiments of those, who come into the ter- 
ritory, under the appearance of friendship, but with bad intentions, 
may influence your minds, and obtain your confidence, by their flat- 
tering representations." And finally, he complains that two persons 
had lately presented themselves as commissioners of the English na- 
tion, and carried off several runaway negroes, belonging to inhabitants 
of the province. It is apparent from this letter, that governor Cop- 
pinger was well informed of the operations of Arbuthnott and Wood- 
bine, and that he saw them in their true colours. How then does it 
happen, that a year afterwards the Spanish commandant at St. Marks, 
re found so entirely leagued with Arbuthnott, as to sign his name to 
the approbation of a power of attorney, given to him by the hostile 
chiefs, to write letters and deliver talks, in their names; to hold coun- 
cils of war with fhem at his quarters; to hold as prisoners, white per- 
sons, it habitants of the province, taken by them, and to write a letter 
to Arbuthnott, asking him to come and confer with him upon subjects, 
which could not be committed to paper. The original of that letter, 
which is in bad French, and in the hand writing of the commandant 
of St. Marks, signed by him, is in our possession,[48.] A copy of it is 
among the papers enclosed. We cannot doubt that the Spanish go- 
vernment will consider it as a proof of the conspiracy of the com- 
mandant of St. Marks, with Arbuthnott and the Inplians, against the 



165] 



29 



tlnited States. Should he be put upon his trial, as you are instructed 
to demand, the original letter itself will be transmitted, to be exhibited 
to the court. 

It is to be observed, that the original draught in Arbuthnott's 
hand writing, of the letter from Bowlegs to governor Coppinger, dif- 
fers in several paragraphs from the translation communicated by Mr, 
Onis, as received by him from governor Coppinger. The following 
passage particularly, which appears in the draught, produced before 
the court martial, is not in the translation furnished by governor Cop- 
pinger. " The Spanish subjects in the Flcridas are too much in the 
interests of the Americans to be our friends. For the governors, I 
shall always entertain the greatest regard; but for the people , they 
do not act so as to merit my esteem and protection." The remainder 
of the letter is nearly the same. We do not suppose that the cmis« 
sion was made by the governor, but rather that Arbuthnott, yet un- 
certain how such a reflection would be received, omitted it from the 
letter itself, which was transmitted to the governor. 

The papers marked 62, 63, 6i, and 68, are copies of originals, 
in the hand writing of Arbuthnott, taken with the rest of his papers; 
but not exhibited before the court martial. The sheet of his journal 
is of some importance, as establishing his connexion and dissatis- 
faction with Woodbine. 65 is a letter from him, said to be to 
an officer of rank, in England, (no doubt Nicholls,) dated 30th 
January, 1818, only three months before he was taken. The sheet 
of the journal, shows that Arbuthnott arrived, with Woodbine, from 
New Providence, at Suwany, about the last of October, 1816, and 
that they immediately commenced their operations with the Indians, 
against the United States. Bowlegs's letter to governor Coppinger, 
is dated the 18th of November, of that year, and apologizes for his 
not having sooner answered a letter of September, from the governor, 
by the impossibility he had been under of finding a person to write 
the answer from him. Among other complaints against Woodbine, 
in this journal, there is one, distinctly, that he had promised the sav- 
ages assistance from the British government, without authority, and 
by direct falsehood, and he expresses an apprehension, that when the 
Indians find out that none of those promises are realized, their fury 
will fall upon himself." 



No. 1. 
Nicholls' s letter and proclamation* 

Head Quarters, Pensacola, August 3\st y 1814. 
SIR, 

I have arrived in the Floridas for the purpose of annoying the 
only enemy Great Britain has in the world. As France and Eng- 



30 [65] 

land are now friends, I call on you. with your brave followers, to en- 
ter into the service of Great Britain, in which you shall have the 
rank of captain. Lands will be given to vou all, in proportion to 
your respective ranks, on a peace taking place; and I invite you out 
on the following terms: your property shall be guaranteed to you, 
and your person protected. In return for which, I ask you to cease 
all hostilities against Spain, or the allies of Great Britain. Your 
ships and vessels to be placed under the orders of the commanding 
officer on the station, until the commander in chief's pleasure is 
known; but I guarantee their fair value at all events. 

I herewith enclose you a copy of my proclamation to the inhabit- 
ants of Louisiana, which will, I trust, point out to you the honorable 
intentions of my government; you may be a useful assistant to me, 
in forwarding them; therefore, if you determine, lose no time; the 
bearer of this, captain M'Williams, will satisfy you on any other 
points you may be anxious to learn, as will captain Lockyer, of the 
Sophia, who carries him to you. We have a powerful reinforce- 
ment on the way here, and I hope to cut out some other work for the 
Americans, than oppressing the inhabitants of Louisiana. Be expe- 
ditious on your resolves, and rely upon the veracity of 

Your humble servant, 

(Signed) EDWARD N1CHOLLS, 

Lu col.com. H. B. M- forces in the Florida? , 

To Mons. Laffite, or the commandant at Baratana. 



By Lieutenant Colonel Edward NichoUs, commanding H. B. M. forces 
in the Floridas. 

Natives of Louisiana, on you the first call is made, to assist in 
liberating from a faithless and imbecile government, your paternal 



[65] 31 

soil. Spaniards, Frenchmen, Italians, and British, whether settled 
or residing for a time in Louisiana, on you I also call to aid me in the 
just cause. The American usurpation in this country must be abol- 
ished, and the lawful owners of the soil put in possession. I am at 
the head of a large body of Indians, well armed, disciplined, and 
commanded by British officers. A good train of artillery, with every re- 
quisite seconded by the powerful aid of a numerous British and Spanish 
squadron of ships and vessels of war* Be not alarmed, inhabitants 
of the country, at our approach; the same good faith and disinterest- 
edness which has distinguished the conduct of Britons in Europe, 
accompanies them here. You will have no fear of litigious taxes im- 
posed on you, for the purpose of carrying on an unnatural and unjust 
war; your property, your laws, the peace and tranquillity of your 
country, will be guaranteed to you by men who will suffer no in- 
fringement of theirs; rest assured, that these brave men only burn 
with an ardent desire of satisfaction for the wrongs they have suf- 
fered from the Americans, to join you in liberating these southern 
frontiers from their yoke, and drive them into the limits formerly 
prescribed by my sovereign. The Indians have pledged themselves 
in the most solemn manner, not to injure in the slightest degree, the 
persons or properties, of any but enemies to their Spanish or English 
fathers, Jljiag over any door, whether Spanish, French, or British, 
will be a sure protection. Nor dare any Indian put his foot on the 
threshhold thereof, under penalty of death from his own countrymen. 
Not even an enemy will an Indian put to death, except resisting in 
arms, and as for injuring helpless women and children, the red men, 
by their good conduct and treatment to them, will, if it be possible, 
make the Americans blush for their more than inhuman conduct late- 
ly, on the Escambia, and within a neutral territory. 

Inhabitants of Kentucky^ you have too long borne with grievous 
impositions. The whole brunt of the warhas fallen on your brave 
sons; be imposed on no more; but either range yourselves under the 
standard of your forefathers, or observe a strict neutrality. Li you 
comply with either of these offers, whatever provisions you send 
down, will be paid for in dollars, and the safety of the persons bring- 
ing it, as well as the free navigation of the Mississippi guaranteed to 
you. Men of Kentucky, let me call to your view, and I trust, to your 
abhorrence, the conduct of those factions, which hurried you into 
this cruel, unjust and unnatural war, at a time when Great Britain 
was straining every nerve in the defence of her own, and the liberties 
of the world, when the bravest of her sons were fighting and bleed- 
ing in so sacred a cause; when she was spending millions of her trea- 
sure in endeavoring to pull down one of the most formidable and dan- 
gerous tyrants that ever disgraced the form of man; when groaning 
Europe was almost in her last gasp, when Britain alone showed an un- 
daunted front, basely did these assassins endeavor to stab her from the 
rear; she has turned oh them, renovated from the bloody but successful 
struggle. Europe is happy and free, and she now hastens justly to 



32 f>5] 

avenge unprovoked insults. Show them that you are not collectiveV 
ly unjust, leave that^contemptible few to shift for themselves; let 
those slaves of the tyrant send an embassy to Elba, and implore his 
aid; but let every honest, upright American spurn them with merited 
contempt. After the experience of twenty one years, can you any 
longer support those brawlers for liberty, who call it freedom, and 
know not when themselves are free; be no longer their dupes, ac- 
cept of my offer, every thing I have promised in this paper, I guaran- 
tee to you on the sacred honor of a British ofFcer. 

Given under my hand, at my head quarters, Pensacola, the 29th 
of August, 1814, 

(Signed) EDWARD NICHOLLS. 



(No. 2. a.) 

Copy of a letter from Col. Nicholls to Col. Hawkins. 

Appalachichola, 28th April, 1815. 

Being absent from this post when your letter of the 19th ult. 
arrived, I take this opportunity to answer it. On the subject of the 
Degroes lately owned by the citizens of the United States, or Indians 
in hostility to the British forces, I have to acquaint you, that, accord- 
ing to orders, I have sent them to the British colonies, where they 
are received as free settlers, and lands given to them. The newspa- 
per you sent me, is I rather think, incorrect; at all events, an Amer- 
ican newspaper cannot be authority for a British officer. I herewith 
enclose you a copy of a part of the 9th article of the treaty of peace 
relative to the Indians in alliance with us; they have signed and ac- 
cepted it as an independent people, solemnly protesting to suspend all 
hostilities against the people of the United States. Within these few 
days I have had a complaint from the Seminole's chief Bowlegs. He 
states, that a party of American horse, have made an incursion into 
the town, killed one man, wounded another, and stole some of his cat- 
tle; also that they have plundered some of his people on their peaceable 
way from St. Augustine. May I request of you to inquire into this 
affair, and cause justice to be done to the murderer, and have the 
cattle restored. I strictly promise you that for any mischief done by 
the Creeks under me, I shall do all in my power to punish the de- 
linquents and have the property restored. 



C«] 



33 



The chiefs here have requested me further to declare to yo\i 
(that in order to prevent any disagreeable circumstances from hap* 
ptningin future) they have come to a determination not to permit 
the least intercourse between their people and those of the United 
States. They have, in consequence, ordered them to cease all com- 
munication directly or indirectly with the territory or citizens of the 
United States; and they do take this public mode of warning the ciu 
izens of the United States from entering their territory, or communi- 
cating directly or indirectly with the Creek people. They also re- 
quest that you will understand their territories to be as they stood m 
the year 1811. In my absence I have directed first lieutenant Wra. 
Hamley, the head interpreter, to communicate with you on any point 
relative to the Creeks; and I have given him my most positive or* 
ders, that he shall at all times do his best to keep peace and good 
neighborhood between the Creeksand your citizens. 

1 am, sir, your very humble servant? 

(Signed) EDWARD NICHOLLS, 

Commanding the Britiskforces in the Florida^ 



No. 2. b. 

Paper enclosed in the above letter. 

Part of the 9th article of the treaty of peace between his Britao* 
Die majesty and the United States, relative to the Indians who have 
been in alliance with Great Britain and in hostilities with the United 
States. 

The United States of America engage to put an end immediate- 
ly after the ratification of the present treaty, to hostilities with all the 
tribes or nations of Indians with whom they may be at war at the 
lime of such ratification, and forthwith to restore to such tribes or 
nations respectively all the possessions, rights and privileges which 
they may have enjoyed, or been entitled to in 1811, previous to such 
hostilities, provided always that such tribes or nations shall agree to 
desist from all hostilities against the United States of America, their 
citizens and subjects upon the ratification of the present treaty being 
notified to such tribes or nations, and shall so desist accordingly. 



We the undersigned, chiefs of the Muscogee nation, declared by 
his Britannic majesty to be a free and independent people, do, in the; 
name of the said nation, agree to the 9th article of the treaty ©fpeacs 



*> [-55] 

between his Britannic majesty and the United States. And we d<* 
further declare that we have given most strict and positive orders to 
all our people that they desist from hostilities of every kind, against 
the citizens or subjects of the United States. 

Given under our hands at the British fort on the Appalachicola, 
the ^4 day of April, 181 5. 

HEPOAETH MEICO, x 

mark 

CAPPACHIMICO, x 3 

mark 

HOPOY MEICO, T. P. 

mark 
Witnesses, 

Edward Nicholls, Lieut. CsJ, commanding the Xndians. 

R. Bankes, com. H. M. brig Forward, 

G. Woodbine capt. 1st Br. R. C M. 

Wm. Hambly, first lieut. JR. C. M. and head interpreter. 

I certify on honor that this is a true copy of the original. 

ELI LESTER, U. S. S. keeper, Fort Lawrence:. 



No. S. 

Col. Nicholls to Col. Hawkins. 

British post, Appalachichola river, May \%th, 1815. 

In my letter to you of the 28th ult. I requested you would be so 
good as to make inquiry into the murder and robberies committed 
on the Seminoles belonging to the chief called Bowlegs, at the same 
time declaring my determination of punishing with the utmost rigor of 
the law any one of our side who broke it. Qf this a melancholy proof 
has been given in the execution of an Indian of the Ataphalgo town by 
Hothly Poya Tustunnugee chief of Ocmulgees, who found him driv- 
ing off a gang of cattle belonging to your citizens, and for which act 
of justice, I have given him double presents, and a chief's gun, in the 
^>pea square before the whole of the chiefs; and highly extolled him. 



M 



35 



These* sir, are the steps I am daily taking to keep the peace with sin> 4 
cerity; but I am sorry to say the same line is not taken on your side, 
nor have you written to say what steps you are taking, or intend to 
take to secure this mutual good. Since the last complaint from Bow- 
legs, I have had another from him to say your citizens have again at- 
tacked and murdered two of his people, that they had stolen a gang 
of his cattle, but that he had succeeded in regaining them. 

I asked him what proof they had of their being killed. They 
said they had found iheir bloody clothes in the American camp, which 
was hastily evaeuattd on their approach. Now, sir^ if these enormi- 
ties are suffered to be carried on in a christian country, what are you\ 
to expect by showing such an example to the uncultivated native of v 
the woods, (for savage I will not call them, their conduct entitles 
them to a better epithet.) I have, however, ordered them to stand, 
on the dtf nsive, and have sent them a large supply of arms and ammu- 
nition, and told them to put to death* without mercy 9 any one molesting . 
them; but at all times to be careful, and not put a foot over the Ame* . 
rican line. In the mean time, that I should complain to you, that I 
was convinced you would do your best to curb such infamous con- . 
duct. Also, that those people who did such deeds, would, I was 
convinced, be disowned by the government of the United States, and 
severely punished. They have given their consent to await your an- 
swer, before they take revenge,- but sir, they are impatient for it, and 
well armed as the whole nation now is, and stored with ammunition, 
and provisions, having a strong hold to retire upon in case of a superior 
force appearing, picture to yourself sir, the miseries that may be suf* 
f red by good and innocent citizens on your frontiers, and I am sure, 
you will lend me your best aid in keeping the bad spirits in subjection,. 
Yesterday, in a full assembly of the chiefs, I got them to pass a law # 
for four resolute chiefs to be appointed in different parts of the na 
tion, something in the character of our sheriffs, for the purpose of in- 
flicting condign punishment on such people as broke the law; and I 
will say this much for them, that I never saw men execute laws bet 
ter than they do. lam also desired to say to you by the chiefs, that 
they do not find that your citizens are evacuating their lands, according 
to the 9th article oj the treaty of peace, but that they were fresh provi* 
stoning the forts. This point, sir, I beg of you to look into. They 
also request me to inform you, that they have signed a treaty of of- 
fensive and defensive alliance with Great Britain, as well as one o£ 
commerce and navigation, which, as soon as it is ratified at home^ 
you shall be made more fully acquainted with* 

I am, sir, your very humble servant, 
• (Signed) EDWARD NICHOLLS, 

Commanding his J5. M. forces in the Creek naHjto* 

Addressed — -on his Britannic majesty^s service, 

to CoL Benjamin Hawkins, commanding at Fort ItcnvMnfa 



96 [65] 



No. 4. 

Colonel Hawkins to Colonel Mcholls. 

Creek Agency, 24/A May, 18X5. 

On the 18th I had the pleasure to receive your communication 
of the 28th ultimo. I expected, from the tenor of your orders which 
I conveyed to you from admirals Cochrane andCockburn, on the 19th 
of March, that you had left the Floridas ere this, with the British 
^troops under your command; and that Spain and the United States 
Vould have no more of British inteference in the management of 
their Indian affairs. The newspaper I sent you, was one in which 
the official acts of our government are published. There could be 
Ho motive for falsification; your deeming it incorrect, must have pro- 
ceeded from a knowledge that your conduct in relation to the negroes 
Was at variance with it. It would have been acceptable in the com- 
jnunication relative to the disposition of ''the negroes taken from the 
citizens of the United States, or Inaians in hostility to the British," 
to have received the number, particularly belonging to th^ latter. As 
peace is restored between Great Britain and the United States, I feel 
a reluctance to put on paper, any thing that may have the tendency to 
tarnish the British character, or that of any officer of its government; 
but I owe it to the occasion, to state the declaration of captain Henrv, 
$hat " the English are sent out by their great father and king, to restore 
his Indian people to their lands; and we are desired by him not to take 
away their negroes, unless they freely give them to us, or sell ihemjor 
money f is violated. It is proper, also, to add, I did not enrol any 
Indians into the service of the United States, untiUafter the negroes 
of Marshall, Stedham, and Kinnard, three half breeds, were taken 
from them by force or stratagem, by British officers^ Your restric- 
tion of the captain's declaration to negroes belonging to Indians 
friendly to Great Britain, if, by that, is meant Indians hostile to the 
United States, is an erroneous one, as there is not one Creek who 
has negroes so situated. 

The Creek chiefs, to use a courtly phrase, have just cause, at 
least, to say this is an "unjustifiable aggression." You having acted 
by orders, and it being now beyond your control, a remedy must and 
will be sought for elsewhere. 

The documents you enclose, signed by three chiefs, purporting 
to be the agreement of the Muscogee nation, to the 9th article of the 
treaty of peace, I shall lay before the chiefs of the nation, at a con- 
vention, soon to be held at Cowetau, and send you the result of their 
deliberations on it. The result of my reflections, with due defer- 
ence I give you, as on the envelope it purports to be on his Brian- 
nic majesty's service. It is within my knowledge, one of the chiefs 
is a Seminole of East Florida, and has never resided in the United 
States; and that neither of the three has ever attended the national 



[653 



m 



councils of the Creeks, or are in any way a part of their executive 
government. If the four witnesses had signed it as principals, and 
the three chiefs as witnesses, it would have been entitled to equal re- 
spect from me.* Could you be serious in communicating such a 
nullity with their mock determination not to permit the least inter- 
course between their people, (meaning the Creek nation) and those 
of the United States, &c. As to the territory of the Seminoles, it 
being out of the United States, is an affair between them, and the 
government of Spain, and that of the Creek, is as fixed and guaran- 
teed in their treaty stipulations with the United States. I do not 
know that any occurrences can happen, which will render it necessa- 
ry for me to communicate with lieutenant William Hambly. If by 
doing so, I can render acts of kindness to Indians or others, it would 
afford me pleasure; but, under present impressions, the 5th article of 
the treaty of friendship, limits, and navigation between the United 
States, and the king of Spain, will govern me in all cases, respecting 
the Indians in the two Fioridas. 

I am with due regard, Sir, 

Your obedient servant, 

(Signed) BENJAMIN HAWKINS, 1 



No. &» 



Colonel Hawkins to Colonel JMchoIIs, 

Creek Agency, %%ih May, 181& 

On the 24th, I wrote to you in reply to yours of the 28th ultimo, 
and since, have had the pleasure to receive yours of the 12th. I had 
received from Bowlegs, direct, a complaint of an outrage committed 
** by the people of Georgia, who had gone into East Florida, driven 
off his cattle, and destroyed his property." I have sent this com- 
plaint to the governor of Georgia, who will readily co operate with 
the officers of the general government, to cause justice to be done to 
the injured, if the complaint is true. The laws of the United States, 

* Note. The witnesses, we believe, were colonel Nichcills, captain Woodtfine, 
1 Untenant HatnMy, and captain Henry. 



38 [65] 

provide completely for tffe protection of the Indian rights, and those 
interested with their execution, have the power of doing it. All 
that is wanted is a proof against the transgressors. 

The Indians of Aulotchwan, who, without provocation, murder- 
ed and plundered a number of the subjects of Spain on St. Johns* 
have engendered such a deadly feud between the parties, that it wilt 
be long before the descendants of the injured can forget and forgive. 
Spain, from her internal commotions, has not found it convenient to 
settle a peace between them?; and these people, it is probable, are 
taken for -Georgians. The Indians of this Agency, as well as those 
in the Floridas, have long known thev have to apply through their 
chiefs, to me, for a redress of their grievances. The government of 
the Creeks is not an ephemeral one. Its last modification is of more 
than ten years standing. It was the work and choice of the nation, 
and has a check on the conduct of the Seminoles. 

In 1799, a gentleman arrived where you are from England, who 
had been an officer on half pay. He came in the Fox sloop of war, 
furnished by the admiral on the Jamaica station, by order of the ad- 
miralty, -j to facilitate to him a passage to his nation the Creeks." 
This gentleman, after attempting in various ways with the Seminoles, 
to usurp the government of the Creeks without success, created him- 
self director general of Muscogee, declared war against Spain, mur- 
dered some of his subjects, and took St. Marks. He ordered me, 
with my assistants in the plan of civilization, out of the Creek na- 
tion. 

I communicated his proceedings to the national councils, who 
had been previously acquainted with him, and who replied to him, 
that he had a title among them which he well merited, Cap, pe, tun, 
nee, lox, au, (the prince of liars) and no other," This director gene- 
ral of Muscogee, after playing a farce for two years, experienced a 
tragic scene, which deprived him of his liberty. He was put in irons 
by order of the council whpse government he attempted to usurp, 
and sent to the governor general of Louisiana, to answer for his 
crimes. His Seminoles chiefs were glad to retire with impunity. 
After this, it was unanimously determined, in a national council of 
distinguished chiefs from every town, and a deputation of Choctaws, 
Chickasaws, and Cherokees, that the warriors should be classed, and 
held in readiness to execute the orders of the executive council, and 
that the agent for Indian affairs should have the power of executing 
the treaty stipulations of the Creeks with their white neighbors. 
Tookattbatche and Cowetau, alternately, as the occasion required, 
was appointed the permanent seat of their national councils, where 
national affairs alone could be transacted. They have now two speak- 
ers. When the council meets at Cowetau, Tustunnuggee Hopoie, as 
speaker for the Lower Creeks, is speaker for the nation; and when 
they meet at Tookaubatche, Tustunnuggee Thlucco, of the Upper 
Creeks, is speaker for the nation. Cowetau is head quarters for the 
present. The agent for Indian affairs can convene the coujisiL 



[65] 



3$ 



To this council, I communicated, in your own words, the pre« 
tensions of your three chiefs. They answer, " We have had colonel 
NichoUV communication before us — that Hap~*ith Micco, Caupachau 
Micco, and Hapoie Micco, are the sovereigns of this nation. Wft 
know nothing about them as such. We have often invited them t© 
attend our talks. They never would come forward, and Hapoith. 
Micco is a hostile Indian. They have nothing to do with our affairs^ 
They reside in the Spanish territory." 

After mentioning a solitary effort of yours " to keep the peace,"* 
you say, " I am very sorry to say the same line is not taken on your 
side, nor have you written to me to say what steps you are taking, or 
intend to take, to secure this mutual good; 1 ' You could not have 
expected I should communicate with you, when, from your orders 
you were so soon to leave the country. I have communicated to 
the national council, several outrages committed by bandittis from 
the Seminoles, and other parts, upon the post road and frontiers of 
Georgia, repeatedly. They have in two instances had the guilty 
shot, and sent armed parties after others. As late as the 17th April, 
one man was killed, and four wounded, on the post road. Our wag- 
ons twice attacked, and one wagoner killed, several horses taken and 
carried, as reported, to your depot, at the very time the wagons 
were carrying seed corn for the Indians, and flour for the support of 
nearly 50O0, totally destitute of food. 

The measure in operation here, to preserve peace, is with an 
efficient force, red and white troops, to pursue, apprehend, and pun- 
jsh, all violators of the public peace. The executive council of the 
Creeks, are coutinually at Cowetau, with an assistant agent to take 
orders with the warriors when the necessity is apparent, and to call 
on me, when the aid of regular troops is necessary. We do not 
rely on the exertions of any one, but ourselves, to preserve peace 
among the Creeks, and between them and their neighbors of the 
United States, and the Floridas. We examine fairly, spare the in* 
nocent and punish the guilty; and in no case suffer revenge to carve 
for itself. 

On an exparte hearing, you have " armed the Seminoles, and 
given orders to put to death, without mercy, any one molesting 
them." This is cruelty without example, scalping men, women, and 
children, for troubling or vexing only, and the executioners the 
judges. To gratify their revenge, the good and innocent citizens 
on the frontiers, are to be the victims of such barbarity. Suppose a 
banditti were to commit a violent outrage, such as that of the 17th 
April, are we to charge it on the unoffending people of the frontiers, 
and kill them without mercy, if we could not find out the guilty? 
You have issued the order, provided and issued munitions of war for 
its execution, prepared and provisioned a strong hold to retire upon, 
in case of superior force appearing, to protect them in this mode of 
gratifying their revenge. You will be held responsible, and your 
■strong holds will certainly not avail. If you are really on the ser- 



40 [65j 

vice of his Britannic majesty, it is an act of hostility which will re* 
quire to be speedily met, and speedily crushed. But, Sir, I am sat- 
isfied you are acting for yourself, on some speculative project of 
your own. The sovereign of Great Britain, could not, from his love 
of justice in time of peace, his systematic perseverance in support 
of legitimate sovereigns, almost to the impoverishing of his own 
nation, suffer any of his officers to go into a neutral country to dis- 
turb its peace. 

If the Semnolie Indians have complaints to make, if they will 
do it through the chiefs of the Creek nation, or direct to me, or 
through an officer of his catholic majesty, as heretofore, I will cause 
justice to be done. In cases of murder, the guilty, if practicable, 
shall be punished, in case of theft restitution shall be made. 

The treaties you have made for the Creek nation, with the au- 
thority created by yourself for the purpose, must be a novelty. It 
would surprise me much to see your sovereign ratify such as you 
have described them to be, with a people such as I know them to be, 
in the territories of his catholic majesty. I shall communicate what 
has passed on the subject between us, to the officers of Spain in my 
neighborhood, that they may be apprized of what you are doing. 

As you may not have recent news from Europe, I send you some 
newspapers detailing important events there on the 4th of April. 

lam, &c. 

BENJAMIN HAWKINS, 

Agent for Indian Affairs 
To Colonel Nicholls* 

Commanding U* B. M. forces, Appalachicola* 



No. 6. a* 

OeneraJ Gaines to the Secretary of War*. 

Read Quarters, Fort Stoddert, M. T, 

SIR, May 14, 1815. 

I have the honor to enclose herewith, the deposition of Samuel 
Jervais, which, taken in connexion with other accounts recently re- 
ceived from Apalachacola, and a letter from lieutenant colonel Saf- 



u 



[6*3 



41 



fl>id, of the territorial militia, a copy of which is also enclosed, leave 
little doubt, that these deluded savages meditate a renewal of the war 
upon our frontier inhabitants. 

I shall visit forts Montgomery and Claiborne, and endeavor to 
ascertain, without loss of time, the real designs of the Indians; and 
should they be for war, shall assemble a force to meet them. 

The remains of the 2d and 3d regiments infantry, are now at 
the Pass Christian, and may be brought to this frontier in a few days; 
and addeji to the remains of the 24th and 39th, now at fort Montgo- 
mery, will give us a force of near 1000 men. With this force I shall 
fee able to keep the Indians in check, and with another thousand, to 
consist of Choctaws and volunteers, 1 should feel sufficiently strong to 
make a decisive stroke upon the depots at Apalachacola, which I 
persuade myself the government may be at liberty to sanction; for 
until these depots (if they really exist) are destroyed, our frontier 
cannot but continue to be extremely insecure. 

I am unable to say, how far the statement of Jervais is entitled to 
credit; but I have examined him attentively, and am under a strong 
impression that he has stated the truth; and that the supplies men- 
tioned in his deposition, are not mistaken for those delivered last 
fall, but have really been delivered since the ratification of the treaty 
had been officially announced to the British troops at Apalachacola. 
These supplies were, however, brought to Apalachacola previous to 
the ratification of the treaty. 

I have ordered the commanding officers of posts and corps, to 
hold their commands ready tor active service; and have taken mea- 
sures to prepare a small train of light artillery, with a proper supply 
of fixed ammunition, tools, camp equipage, &c. &c< for an Indian 
campaign. Whilst Spain permits our enemy to assemble forces, and 
make military depots for our annoyance, within her territory, surely 
she can make no reasonable objection to our visiting those depots. 
Besides, Spain is expressly bound by treaty " to restrain by force all 
hostilities on the part of the Indian nations living within her boun- 
dary." If she does not restrain them, we may conclude, that she has 
endeavored to do so, but is unable. Can she blame us, then, for re« 
straining them ourselves? 

I have the honor to be, 

With the greatest respect and esteem, 
Sir, your obedient servant, 

EDMUND P. GAINES. 
Major general by brevet. 
The honorable A. J. Dallas, 

acting as Secretary at War, Washington City. 

P. S. I have written to major general Jackson upon the above 
subject, but as he is probably on his way to Washington, I have thought 
proper to address you 'direct* 1$. j>. 

6 



42 [65] 



No. 6. b. 

Deposition of Samuel Jervais, enclosed in the above letter. 

Samuel Jervais, beingdulv sworn, states, that he has been a ser- 
geant of marines in the British service for thirteen years past That 
about a month ago he left Apalachachola, where he had been station- 
ed for several months. That the English colonel, Nicholls, had pro- 
mised the hostile Indians at that place, a supply of arms, and ammu- 
nition, a large quantity of which had been delivered to them a few 
days before his departure, and after the news of a peace between 
England and the United States being confirmed, had reached Apala- 
chacola. That among the articles delivered were, of cannon four 12 
pounders; one howitzer, and two cohorns; about three thousand stand 
of small arms, and near three thousand barrels of powder and ball. 
That the British left with the Indians between three and four hun- 
dred negroes, taken from the United States principally from Louis- 
iana. That the arms and ammunition were for the use of the In- 
dians, and negroes, for the purposes as it was understood, of war with 
the United States. That the Indians were assured by the British 
commander, that according to the treaty of Ghent all the lands, ced- 
ed by the Creeks, in treaty with general Jackson were to be restored; 
otherwise the Indians must fight for those lands, and that the British, 
would in a short time assist them, 

his 
[Signed] SAML, X JERVAIS. 

mark 

Sworn and subscribed to before me, this 9th May, 1815, at the 
town of Mobile. 

[Signed] L, JUDSON, J. P. 



No. 7. 
General Gaines to A. J. Dallas, acting Secretary at War. 

Head quarters, Fort Stoddert, M. T. 

May, 22</, 1815. 
SIR, 

I returned last night from fort Montgomery, where, though un« 
able to obtain satisfactory information, as to the hostile intentions o 



[65] 



43 



the Creek Indians, I learned that two of the party, mentioned in my 
last, had been killed, and some others wounded: and that the Indians 
had afterwards killed two of our citizens, a Mr West, and another, 
whose name, my informant, colonel Files, (from the settlement of 
Alabama, near where the act was perpetrated) had forgotten. 

Some negro men, belonging to Don M'Gill, of Mobile, taken 
some months ago to Apalachacola, by the British, voluntarily return- 
ed a few days past. Their statement of the supplies and negroes, 
left by the British, corresponds with that, contained in the deposition 
of Jervais, enclosed in the letter which I had the honor to address to 
you on the 14th instant. The negroes add, that there are at Apala* 
chacola nearly 800 Indian warriors, and that the negroes were per- 
mitted to remain with the Indians as freemen, or return to their mas- 
ters, as they should elect, and that but few had agreed to return . 

I feel convinced that the Indians are generally under the im- 
pressions that the lands ceded to the United States, by the treaty 
with general Jackson, must be restored, or that a war must en- 
sue; and that their friends, the British, will re-establish them in the 
possession of these lands . 

So industriously have these impressions been circulated by the 
British and Spanish agents among the Indians, that so far as I can 
learn, not only the chiefs, but the common warriors, are in the habit 
of saying, that the British treaty with the Americans, gives the Indians 
their lands, taken by the treaty with general Jackson. 

Since writing the above, I have been furnished with the enclosed 
deposition of S. Dale, who is a major of militia. 

I have the honor to be, 

Most respectfully, 

Sir, your obedient servant, 

EDMUND P. GAINES, 

Major general by brevet* 

P. S. Since closing my letter, I learn that Nicholls, said to be 
a colonel in the British service, is still at Apalachacola, and that he 
has 900 Indians, and 450 negroes under arms. This account is 
brought bv a very intelligent negro man, belonging to D. Kennedy, 
at Mobile. • I think it goes to strengthen the accounts heretofore giv- 
en, in my letter of the 14th instant. 



E. P. GAINES 



The Hon. A. J. Dallas, 
Acting Sec'y at War % Washington City. 



44 [65] 



No. 8. 

Memorandum of a gentleman tf respectability at Bermuda. 

St. George, (Bermuda, J 9.1st May, 1815. 

Capt. Rawlins, of H. M. ship Borer, has stated to me, in the 
course of various conversations, that at the time of his departure 
from Apalachacola, (which appears to have been about the 20th to the 
28th April) the British had collected upwards of three hundred per- 
sons, at or near Prospect Bluff, partly deserters from the United 
States, and partly from the Spanish Provinces of East and West Flo- 
rida. These people had been received and protected by colonel Ni- 
cholls of the royal marines, who was stationed at that place, and who 
appears to ha^e been under the impression (at least he said so) that 
the Spanish authorities had no right to the country in that vicinity. 

Admiral Cochrane, however, appears to have disapproved of 
Nicholls's conduct, in affording protection to the Spanish slaves; and 
had sent the Hon. captain Spencer to Pensacola, for the purpose of 
making arrangements for their restoration; who accordingly proceed- 
ed t© Apalachicola, with captain Pentado, named commissioner on 
the part of the Spaniards. 

It does not appear, that these gentlemen were successful in their 
mission; as it wasundestood, that the refugees were not to be coerced; 
but merely such facilities afforded to those, who voluntarily agreed to 
return, as might be found necessary. 

Much altercation has arisen out of this commission, in conse- 
quence of many officers having espoused the cause of the slaves; and, 
at one time, the life of captain Spencer had been threatened by the 
negroes. Captain Rawlins adds, that much ammunition, and a good 
many stands of arms, with some pieces of artillery, had been left 
with them; and that the fort constructed by colonel Nicholls would 
not be destroyed 

I have since learned, that the Carron, which must have sailed 
from Apalachacola, previous to the Borer, is arrived at Nassau, on 
her way to Bermuda, with 176 slaves of all ages. As she is daily 
expected, and as captain Spencer is now on his way here, it might 
be as well to wait their arrival, before you make any official commu- 
nication to your government, on the subject. It is, however, obvi- 
ous, that were you in possession of the whole facts, no time ought to 
be lost in recommending the adoption of speedy, energetic measures, 
for the destruction of a thing, held so likely to become dangerous to 
the state of Georgia. The Spaniards are not in a situation to do it, 
but I dare say would co-operate. 1 have learned, that the whole of the 



[65] 



45 



slaves, brought from the United States, have been sent to Nova Sco- 
tia, with the exception of a few, that were lately shipped to the isl- 
and of Trinidad, in H. M . ship the Levant; and such as have enlist- 
ed in the colonial marines, were in these islands. A few stragglers 
have contrived to get on shore in the Bermudas, and by the conni- 
vance of their colonized friends, to remain; very contrary to the 
wishes of the inhabitants, who are, in general, desirous of getting 
rid of them. 

It has been whispered (I know not with what truth) that the peo- 
ple expected in the Carron, who are from Louisiana, and West Flo- 
rida, are also to be sent to Trinidad. 

The Carron is arrived; and this morning I understood from 
Messrs. James and Michael Carron, the agents of Sir Alexander 
Cochrane, the Carron was going to some part of the West Indies, un= 
questionably to Trinidad. 



No. 9. 

Address to the \ing of England, from the Indians, published in the 
English newspapers., of the 15th August, 1818. 

We, the chiefs of the Muscogee nation, in full council assembled, 
on behalf of ourselves, and our people, do make the following re- 
quests of our good father, king George, and declare to him certain 
resolutions we have come to, with our reasons for so doing. 

We conceive it to be indispensablv necessary for our good, as 
well as to make us useful allies of Great Britain, that British officers 
should be constantly kept among us, and we request that our good fa- 
ther will grant us this favor. Since coionel Brown left us, we have 
been a prey to civil dissentions, fomented and kept up by our invete- 
rate and never to be satisfied foe, the Americans; by their bad advice 
has brother been in the act of shedding the blood of brother, and 
when the land becomes thus desolated, they possess themselves of it, 
so that we shall soon be driven to the desert sands of the sea, from 
the fertile fields of our forefathers; and we are told, that the Span- 
iards will not let us trade with the British from the mouths of our 
rivers; we, therefore, further request, that our good father will secure 
for us the mouths of the rivers Apatochacola, Alabama, and St. Ma- 



44 [6Sj 

ry's; for if oar communication Is once more cut off from his chil- 
dren, we shall be totally ruined; we have fought and bled for him 
against the Americans, by which we have made them our more bitter 
enemies and as he has stood the friend of the oppressed nations be- 
yond the great waters, he will surely not forget the sufferings of his 
once happy children here. We therefore rely on his future protec- 
tion and his fatherly kindness; we will truly keep the talks which his 
chief has given us, if he is graciously pleased to continue hib protec- 
tion; famine is now devouring up ourselves and our children, by rea- 
son of our upper town brethren being driven down upon us, in the 
time the corn was green, and now their miseries and necessities cause 
them to root up the seed of our future crop, so that what we sow in 
the day, we are obliged to watch at night. Was it not for the powder 
we get from your chief, the whole of the nation would be in dust; the 
Red Sticks have shot and eat up almost the whole of our cattle; for 
they have seen their children digging in the woods for want, and who 
can blame them when they are pressed by such cruel necessity. Thus 
we are situated, and we are only looking to the departure or the stay 
of your children, as the signal of our destruction or prosperity. In 
former times, after the British left us, to show our love aud regard 
for their nation, we made a grant of our lands to the house of Pan- 
tGn, Leslie and Co., and latterly to the house of John Forbes and Co. 
on certain terms, that they were to settle the lands with British men, 
and keep up a sufficient and good assortment of all sorts of merchan- 
dise suitable to our wants; but instead of their doing this, they have at- 
tempted to settle our lands with Americans, and have refused to sup- 
ply us with powder, when we were attacked by our enemies, and have 
urged us to declare for the Americans against the British, and have 
offered rewards to us for that purpose, and they have actually written 
to their agents who reside among us, desiring them to obstruct the 
British officers, all in their power, from assisting us, and to represent 
to them, also, how impossible it would be for them to succeed against 
the An;c'ricans, and we having intercepted their letters, did deliver 
them to lieut. col. Nicholls, who is our witness, and the said letters 
were delivered by an Indian to John Forbes, at St. Augustine, to be 
forwarded by him as aforesaid; and as it does stand thus, on unques- 
tionable proof that the said house of Forbes and Co. have shameful- 
ly broken their contracts with us, we do. in this our full assembly, de- 
clare all their property in our nation, to be confiscated to the nation; 
and we further annul and declare void our grant or grants of lands 
accordingly, warning them, and all belonging to them, never to ap- 
pear again in the nation. And the United States, or some part thereof, 
nave thought proper to run a line or wagon road through the Indian 
nation, from Hartford, in Georgia, to Mobile, in West Florida, with- 
out our consent, and to our great hurt and annoyance. 

We implore our good father that he will cause them to disuse 
the said road, and to cease all communication between them and us, 
as we are determined to cease having any communication with them* 



[6.5] 



47. 



and we warn all Americans to keep out of this nation. And whereas, 
that a young chief, called M'Intosh, was sent with a message of re- 
monstrance against the abovementioned road being run, and of seve- 
ral other encroachments on the Tombigby, Cooza, and Alabama 
rive:s; instead of his making such remonstrance, he suffered himself 
to be tricked by our enemy, and unlawfully sold to them a large tract 
of land, on and about the rivers Aconee, Oakemulgee, which tracts 
of land we implore our good father to use his endeavor in getting re- 
storation of them, and that the Americans may be obliged to with- 
draw from them. The abovementioned M*Intosh holds a commis- 
sion as major in the American army, and of the Creek regiment; he 
has caused much blood to be spilt, for which we denounce him to 
the whole nation, and will give the usual reward of the brave, to any 
one who may kill him, he having on a recent occasion, killed and 
scalped a brother, who was on an errand of peace to our Cherokee 
brethren, for no other reason alledged against him, than his having 
British arms about him, and in this, we are told he has been encourag- 
ed by colonel Hawkins^ although long after peace was declared and 
all hostility ordered to cease. We further request lieutenant colonel 
Nicholls will return our grateful thanks to our good father, and his 
chiefs, by sea and land, for the useful and good presents he has sent 
to us by them; and also, that the lieutenant colonel, and the officers 
with him in this nation, will receive our thanks for their brotherly 
conduct to us; and whereas, our good father having made a peace. 
with the United States of America, and according to his true talk, he 
has not forgotten the interests of us, his children, but has caused to 
be respected our lands, and guaranteed the integrity of them to usj 
we do declare them, or him, to be traitors to this nation, who shall, 
without his and our consent, seli, or make over to any foreign power, 
any part thereof; and we do further declare, that whosoever shall en- 
deavor, directly, or indirectly, to separate us from him or his children, 
to be the enemy of us and our children; and that we will not trade 
or barter with any other than the British nation, if the above requests 
be complied with, and we do promise to give grants of land to all 
such British men as our good father shall give permission to stay 
amongst us, and that we will do our best to protect and defend them 
in their laws and property; and we send, as our representative, our 
brave brother Hidlis Hadgo, (Francis) to our father, who is author- 
ized to ratify this treaty. 

Given under our hands, at the British fort, at the confluence of 
the Chatutouchee and Flint rivers, this 10th March, 1815. 

Hopoath Mico, king of the four 

nations, x his mark, 
Hopy Mico,xT.P. 
Nehemathla, 1st x. 
Justomic Hago, x 
Onus Hago, x 



48 C«*3 

Nehemathla, Sd x 
Nehemathla, 3d x 
Justomic Emathla, x 
Octaithge Hago, x 
Acopehigemathlo, x 
Tatao Mico, x 

his 
Hopoathla Justanuggee, x 

mark. 
Conope Mathla, x 
Yatoule Mathla, x 
Johnson, x 
Hidlis Hadgo, x 
And fourteen other chiefs* 

Witness— Ed. Nicholls, lieutenant colonel. 
H. Boss, captain, rifle corps. 
Jos, Roche, captain 1st West India regiment. 
Wm. Hambly, lieutenant, and 1st interpreter. 



No. 10. 



Extract of a letter from the Secretary of State, to Mr. Baker, dated 

July 10, 1815. 

The conduct of colonel Nicholls, who has taken a position on 
the Apalachacola, within the Spanish territory, is, on the same princi- 
ple, entitled to particular attention; I transmit to you a copy of a cor- 
respondence between him and colonel Hawkins, agent of the United 
States with the Creeks, and also an extract of a letter from major 
general Gaines, with the affidavit of Samuel Jervis, which show the 
nature and effect of his extraordinary, and unjustifiable interference 
with that nation. It appears by colonel Nicholls's letter, that he con- 
siders our treaty with the Creeks, though made several months be- 
fore the treaty with Great Britain, as rendered void by the latter, 
and that he is endeavoring to impress that opinion on them, and to ex- 
cite them to hostility, in support of it; that he has supplied them with 
arms and ammunitions of war. and had actually formed a treaty of 



[65] 4§ 

aUkiice, offensive and defensive, with certain Indians, whom he 
calls the Creek nation, which he has sent to his government for rati- 
fication; that, in short, he had made Apalachicoia a military station, 
at which he had collected a large body of Indians, and fugitive slaves 
from the United States, evidently for hostile purposes, against the 
United States. The conduct of this officer is of too marked a cha- 
racter to require any comment. His proceedings are utterly, and 
evidently incompatible with the late treaty with Great Britain, and 
with the amicable relations established by it, between our countries. 
In calling your attention to these proceeding, it is not my object to 
dwell On each particular act, of which I complain. I shall remark 
generally, that as the treaty with the Creeks was concluded before 
the treaty of peace with Great Britain, the 9th art cle of that treaty 
has no bearing with that nation, and that any interference of colonel 
Nicholls, or other British agent with the Creeks, however slight, is 
improper and unjustifiable. 

The President cannot doubt that the conduct of colonel Nicholls ? 
and of the other British agents, as stated in the correspondence, 
which is communicated, is unauhorized by your government, and 
that they will be justly censured and punished by it. In the meati 
time, as you were particularly empowered, to act in all circumstan- 
ces, connected with the execution of the late treaty of peace, I am 
persuaded that, you will readily interpose your authority, to put an 
end to proceedings of a nature so unwarrantable, and which have al- 
ready produced such injurious effects. 5 * 



No. 11. 

Mxtrdct of a letter from the Secretary of State, to Mr. Adams, dated 

Department of State \ 

July 21sf, 1815. 

"The conduct of colonel Nicholls to the south is still more extra° 
ordinary. Having noticed it in sufficient detail in my letter to Mr» 
Baker, I refer you to that paper for the necessary information re- 
specting it. 

It may be fairly presumed, that these acts were not authorized 
by the British government; that they are imputable" only to Indian 
agents, and those Under whom they act in this country. They nev- 
ertheless deserve reprehension, which it is expected that the British 
government .will not hesitate to inflict." 



SO £65] 

No. 12. tf. 

# 
Extracts of a letter from Mr, Adams to the Secretary of State, stating 

the substance of a conversation with Earl Bathurst, dated 

London, September 19th, 1815. 

«'I said that the American government had been peculiarly con- 
cerned at the proceedings of colonel Nicholls, because they appeared 
to be marked with unequivocal and extraordinary marks of hostility.** 
f* Why, said lord Bathurst, to tell you the truth, colonel Nicholls is, 
I believe, a man of activity and spirit, but a very wild fellow. He 
did make and send over to me a treaty, offensive and defensive, with 
some Indians; and he is now come over here, and has brought over 
sortie Of those Indians. I sent for answer, that he had no authority 
whatever to make a treaty offensive and defensive with Indians, and 
that this government would make no such treaty. I have sent him 
word, that I could not see him upon any such project. The Indians are 
here, in great distress indeed; but we shall only furnish them with 
the means of returning home, and advise them to make their terms 
with the United States, as well as they can.'* " Perceiving that I had 
particularly noticed his declaration, that he had declined seeing colo- 
nel Nicholls, he said that he should, perhaps, see him upon the gene- 
ral subject of his transactions, but that he had declined seeing him it 
regard to his treaty with the Indians." 

"In this conversation, lord Bathurst's manner, like that of lord 
Liverpool in the conference which I had about a month before with 
him, was altogether good humored and conciliatory. The conduct 
of all the officers and persons complained of, was explicitly disavow- 
ed; and I understood, at first, the observation of lord Bathurst that 
he had declined seeing colonel Nicholls, as an intimation that it was 
intended to exhibit towards that officer, unequivocal marks of dis- 
pleasure. But the subsequent explanation left me to conclude, that, 
although the disapprobation of his proceedings was strongly express- 
ed to me, the utmost extent of it that would be shown to him, would 
be the refusal to ratify his treaty, offensive and defensive, with the 
Indians." 



No. 12. b\ 



Extract of a note from Mr. Mams to Earl Bathurst, dated London* 
25lh September, 1815. 

•* In the conference with your lordship with which I was honor* 
ed on the 14th instant, I represented to you, conformably to the in« 



£65] 



si 



^tractions which I had received from the government of the tJnited 
States, the proceedings of several British officers in America, and up- 
on the American coast, marked with characters, incompatible, not on- 
ly with those amicable relations which it is the earnest desire of the 
American government to restore and to cultivate, but even with the 
condition of peace, which had been restored between the two coun- 
tries by the treaty of Ghent. 

It was with the highest satisfaction that I understood your lord* 
ship, in the name of the British government, to disavow the proceed- 
ings of all those officers, of which it had been my duty to complains 
and that I received from you the assurance, that orders had long since 
been given for the restoration of the post of Michilimakinac to the 
United States; that instructions had been given to promote by all 
suitable means, the restoration of peace between the Indians and the 
United States; and particularly, that colonel Nicholls, in pretending 
to conclude a treaty offensive and defensive with certain Indians, be- 
longing within the jurisdiction of the United States, had not only 
acted without authority, but incurred the disapprobation of his ma* 
jesty's government." 



Ho. liv a. 



Extract of a letter from Mr, Jldams, to the Secretary of State, con* 
taming the substance of a conversation with lord Castlereaghy daU 
ed London, 8th February 1816. 

" I next observed, that, at the other extremity of the United 
States, the Indians again appeared in the shape of disturbers of the 
peace between our countries. I recapitulated/your remonstrances to 
Mr. Baker, and mine, by your order, to lord Bathurst, against the 
conduct of col. Nicholls; that officer's pretended treaties of alliance* 
offensive and defensive, and of commerce, and navigation^ ith certain 
runaway Indians, whom he had seen fit to style the Creek nation; 
and the very exceptionable manner in which he had notified his trans- 
actions to the agent of the United States with the Creeks, with an 
intimation that we were to hear more about these treaties, when 
they should be ratified in England. I mentioned that lord Bathursfc 



52 [65] 

had in the most candid, and explicit manner, verbally disavowed to 
me these poceeding of colonel Nicholls; had told me that the pre- 
tended treaty of alliance, offensive, and defensive, had been indeed 
transmitted by the colonel for ratification; but this government had 
refused to ratify it, and informed colonel Nichols, that they would 
agree to no such treaty; that the colonel had even brought over some 
of his Indians here, who would be sent back, with advice to make 
their terms with the United States as they could. These verbal as- 
surances, I had reported to my government, and presumed they 
had been received with much satisfaction Whether they had been 
repeated in a more formal manner, and in any written communica- 
tion, I had not been informed. I had noticed the conduct of colonel 
Nicholls, in one of my notes to lord Bathurst, and to that part of the 
note, had received no answer. As the complaint had also been made 
through Mr. Baker, a written answer might, perhaps, have been re- 
turned through that channel. My motive for referring to the 
subject now, was, that by the President's message, to congress, at the 
opening of the session, I perceived that the conduct of the Indians in 
that part of the United States still threatened hostilities, and be- 
cause there, as in the more northern parts, the Indians would cer- 
tainly be disposed to tranquillity and peace with the United States, 
unless they should have encouragement to rely upon the support of 
Great Britain. Lord Castlereagh, said with a smile, that he had a 
good many treaties to lay before parliament, but none such as those 
I described, were among them." 



No. 13, &. 

Exacts of a note/ram Mr. Adams to Lord Casikreagh, dated 

London, 21st March, 1816 e 

"It has been more than once a painful part of the duty of the 
undersigned to represent to his majesty's govern ment» the unfriendly 
dispositions, manifested by British military officers in America, to- 
wards the United States, since the peace between the two countries; 
and to point out specific and unequivocal facts, by which those offi- 
cers, far from exerting themselves to carry into effect the avowed ob- 
ject of their own government, of securing to the Indians who had fol- 
lowed the British standard during the war, the blessings of the pa- 
cification^ have labored with an activity as restless* and a zeal as ar- 



[6 5 J S3 

dent as they could have done in the heat of war, to instigate Indians, 
belonging within the territorial jurisdiction of the United States, to 
continued or renewed hostility against them. When in the course of 
last iummer, the undersigned had the honor of exposing to earl Ba- 
thuibt the transactions deeply marked wi h this character of colonel 
Nicholls as happy to receive from his lordship, verbally, at once 

the confirmation of the facts, and the disavowal of the measures. CoL 
Nicholls afctr the conclusion of the peace between his sovereign and 
the United States, not only used every effort in his power to urge to 
war against the United States, tribes of Indians with whom they 
were then at peace, and who were far remote from any British pos 
session whatever, but actually concluded a pretended treaty of alliance 
offensive and defensive between some of them and Great Britain^ 
against the United States- Of this treaty, earl Bathurst, in a confer- 
ence with the undersigned, expressed himself in terms of unqualified 
disapprobation; adding that it had not been ratified or approved, and 
that no such treaty would be made or agreed to by Great Britain. In 
the pursuit of his projects, colonel jNicholls brought over some of 
these Indians to England; but as lord Bathurst, in the most explicit 
manner, assured the undersigned that no use of them, hostile to the 
United States, would be made by Great Britain, the undersigned is 
persuaded that determination has not been departed from by his maj- 
esty's government." 

k, How far the threat of Indian vengeance is becoming to the hu- 
manity of British officers, or the dignity of their government, in a 
correspondence with the officers of a civilized nation, and in a time of 
peace, the undersigned leaves to his majesty's government to decide. 
Neither colonel Nicholls, nor colonel James, was ashamed to use it, 
and it would be treated by the undersigned, as it was by the officers 
of the United States to whom it was aodressed, were it not his duty 
to remark, that in condescending to be the heralds of this menace* 
those officers sufficiently indicated that they understood its being car- 
ried into execution or not, depended upon them; that they viewed 
themselves as the regulators, to restrain or to license Indian barbari- 
ty, at their discretion; that they, British military officers, called 
upon the civil authority of the United States, to satisfy the revenge of 
Indian savages, belonging within the American juridiction, for acts 
committed upon the American territory; threatening as thealterna- 
tive, to let loose those savages to wreak their own vengeance, in all 
its fury, upon American women and children." 

''Independently of the very serious character of these transac- 
tions in themselves, the undersigned entreats the attention of the 
British government, to the spirit by which they were dictated. This 
excessive earnestness of British authorities, military and civil, to hold 
themselves forth as the protectors, through right and through wrong 
of Indians, not belonging to British territories, however politic it may 
be deemed to embitter enmities, and to provoke hostilities between 
the Indians and the Americans* cannot but excite animosities far more 



$4, [65J 

formidable between the British and American nations. If persever* 
ed in, it must eventually prove most pernicious and fatal to the In- 
dians themselves. The occasion will justfy the expression of the 
hope that orders and instructions will be issued to the local authori- 
ties of the British colonies in North America, which will lea've no 
doubt on the mmds of those invested with them, that the real extent 
tion of Great Britain towards the United States, is peace." 



No. 1*. 



Ueneral Jackson to the Governor ofPensacola* 

Bead Quarters, Division of the South, 

Washington, M. T. 23d April, 1816, 
SIR, 

I am charged by my government to make known to you, that & 
negro fort, erected during our late war with Great Britain, at or near 
the junction of the Chatahouchee and Flint rivers, has been strength- 
ened since that period, and is now occupied by upwards of two hun- 
dred and fifty negroes, many of whom have been enticed away from 
the service of their masters, citizens of the United States; all of whom 
are well clothed and disciplined. Secret practices to inveigle ne- 
groes from the citizens of Georgia, as well as from the Cherokee and 
Creek nations of Indiansj are still continued by this banditti and the 
hostile Creeks.. 

This is a state of things which cannot fail to produce much in- 
jury to the neighboring settlements, and excite irritations which 
eventually may endanger the peace of the nation, and interrupt that 
good understanding which so happily exists between our govern- 
ments. 

The principles of good faith, which always insure good neigh- 
borhood between nations, require the immediate and prompt inter- 
ference of the Spanish authority, to destroy or remove from our fron- 
tier this banditti, put an end to an evil of so serious a nature, and re- 
turn to our citizens and friendly Indians inhabiting our territory, 
those negroes now in the said fort, and which have been stolen and 
enticed from them. I cannot permit myself to indulge a belief, that 
the governor of Pensacola, or the military commander of that place, 
will hesitate a moment in giving orders for this banditti to he dis- 



05] 



55 



^ersed, and the property of the citizens of the United States forth* 
with restored to them, and our friendly Indians particularly, when I 
reflect that the conduct of this banditti is such a*s will not be tolerated 
by our government, and if not put down by Spanish authority, will 
compel us, in self defence, to destroy them* This communication id 
entrusted to captain Amelung, of the first regiment of United States 
infantry, who is charged to bring back such answer as you may be 
pleased to make to this letter. In your answer you will be pleased 
to state, whether that fort has been built by the government of Spain* 
and whether those negroes who garrison it are considered as the sub* 
jects of his catholic majesty, and if not bv his catholic majesty, btf 
whom and under whose orders it has been erected. 

(Signed) ANDREW JACKSON, 

Maj. Gen, commanding Division of the Souths 

To the Governor of Pensacota, of 
Military Commander of that place* 

A true copy— Isaac la. Bak£k, did-de-campo 



(Translated copy.) 
No. IB. 

Governor Buniga to General Jackson. 

Most Excellent Sir, 

On the 24th of the present month, captain Amelung, of tkf 
first United States' regiment, put into my hands your excellency's 
letter, dated at Washington, Mississippi territory, on the 28d of* 
April last, in which, after apprizing me, that your government had 
given it in charge to you to inform me, that the fort of the negroes, 
erected during the last war, (with Great Britain,) near the junction 
of the Chatahouche and Flint rivers, had been reinforced, and was 
now occupied by more than two hundred and fifty negroes, many of 
whom were seduced from the service of their masters, (who are 



§a [65] 

citizens of the United States,) and that all of them are well armed, 
provisioned, and disciplined; you make many wise reflections, with 
respect to the serious injuries, which may result from tolerating such 
an establishment, not only to those in the immediate neighbourhood 
of it, by disturbing the peace of the nation, but likewise to the good 
understanding which happily exists, between our respective govern- 
ments: you enter into an investigation, to show what the Spanish au- 
thorities ought to do, to put an end to an evii of so serioiis a nature, 
in the mode prescribed by the principles of good faith, which are the 
foundation of friendly neighborhood among nations: you distinctly 
state, what the government ought immediately to do, in failure of 
which, your government will be obliged to do it, to ensure the safetv 
of the inhabitants of the United States: and you conclude by request, 
ing me to state, in my answer to your letter, whether the said fore 
has been constructed by the Spanish government, and whether the 
negroes, who compose its garrison, are deemed subjects of his catho- 
lic majestv ; and if the fort was not built by Spanish authority, to 
§tate by what authority, and by whose order, it was built. 

In answer to your excellency, I will state, (with the veracity 
which comports with the character of an honorable officer, in which 
class I rank myself,) that having arrived at this place, nearly at the 
close of the month of March, preceding, and being informed of what 
jour excellency has communicated to me, (with this difference, that 
the fort, instead of being where you place it, is to be found on the 
eastern bank of the Apaiachicola, at about fifteen miles from its mouth 
or entiance into the sea,) I lost no time in proposing to my captain 
general, the measures which appeared to me proper, as well for se- 
curing the inhabitants of the country under my command, from the 
damages, losses, and injuries which they have suffered, and still suffer 
from this establishment, as to prevent the American citizens, and the 
friendly Indians of the neighborhood from continuing to experience 
them- 1 have hitherto received no answer, and consequently your 
excellency, (who knows how limited are the powers of a subordinate 
officer,) cannot be surprised, that I should make known to you, that 
although my mode of thinking exactly corresponds with yours, as to 
dislodging the negroes from the fort, the occupying it with Spanish 
troops, or destroying it, and delivering the negroes who may be col- 
lected to their lawful owners, I shall not be able to act until I receive 
the orders of my captain general, and the assistance necessary to en- 
able me to undertake the enterprize with a moral certainty^of accom- 
plishing the end. I am persuaded that the determination of the said 
chief cannot be long delayed; and, should it authorize me to act, 
your excellency may rest assured and persuaded, that I will not lose 
an instant in adopting, on my part, the most efficacious measures for 
cutting up by the root an evil, which is felt to the full extent stated 
in your letter, by the inhabitants of this province, who are the su' 
jects of my sovereign, and whose prosperity and tranquillity it is 
duty to preserve and protect , 



ted 



C«5] 



37 



With this explanation, your before named letter may be con» 
sidercd as fully answered, as it gives me pleasure to understand, that 
thinking as your excellency thinks, with respect to the necessity of 
destroying the negroes, the fort at Apalachicola, occupied by them, 
was not constructed by orders of the Spanish government; and that 
the negroes, although in part belonging to inhabitants of this province, 
and, as rational beings, riiay be the subjects of the king my master* 
are deemed by me insurgents, or rebels against the authority, hot 
6nly of his catholic majesty, but also of the proprietors from whose 
service they have withdrawn themselves; some seduced by the En- 
glish colonel Nicholls, major Woodbine, and their agents, and others 
from their inclination to run off. But as your excellency manifests 
a particular desire, that, in case the fort was not erected by Spanish 
authority, I should state by what authority, and by whose orders, it 
was erected; I have no difficulty in satifying your curiosity, by in- 
forming you, that I have understood, ever since my arrival at this 
place, that the said fort, and another near the confluence of the Chata- 
houche and Flint rivers, (which it appears no longer exists) Were built 
by the order of the before named colonelNichoils. I will not assure } r oU 
that he did it under authority from his government; but I can say, that 
he proceeded to place artillery, munitions and provisions in it, by the 
arrangement of vice admiral Malcolm; and, that when colonel Nich- 
oils and the troops of his detachment, after the Conclusion of the ex- 
pedition against Louisiana withdrew from that point, he left orders 
with the negroes, totally contrary to the incontestable right of sove- 
reignty, which the king my master exercises, from the line of the' 
31° of north latitude to the south. My predecessors in this govern- 
ment, have given an account of all these actions to the authorities on 
whom they depended, that the satisfaction which the violation re- 
quired might be deiraanded, by those on whom this duty devolves. 

I think I have answered your excellency's letter satisfactorily, 
and in terms which cannot leave a doubt of the sincerity of my inten- 
tions in favor of the common cause of the American and Spanish 
inhabitants; and that my present inaction does not proceed from a 
want of inclination. I likewise flatter myself, that, until my captain 
general decides, no steps will foe taken by the government of the 
United States, or by yoiir excellencj', which may be prejudicial to the 
sovereignty of the king my master, or the district of Apalachicola, 
which is a dependency of this government* And finally, I conclude 
by assuring your excellency, that it will afford me particular satisfac- 
tion to have opportunities of evincing my desire, not only to contri- 
bute, so far as depends on me, to the cementing of the good under- 
standing which subsists between our respective governments, but 
also to prove to your excellency, the high opinion I entertain of youf 
virtues and military talents. God preserve your excellency many 
years. Pensacola, 26th May, 1818, 

(Signed) • MAURICXO BE ZUNIGA,- 

H& excellency JLndrew Jackson. 



58 [65] 



No. 18. 






Report of Qaptain Amelung to General JacksoH* 

New Orleans, June 4th, 181J6. 

SIR, 

In obedience to your order, received on the 6tth of May last, I 
proceeded the next day for Pensacola; but owing to adverse winds, 
(having to wait 12 da*, s at the Bay St. Louis) I only arrived at that 
plate on the 2*th May. I was received and treated with great atten- 
tion, by the governor and his officers, and after receiving his answer 
to your letter, I left there on the 27th, and arrived here on the 2d 

instant. « ' . ; 

I have the honor to transmit herewith the answer of the govern- 
or, which I think embraces all the points, touched upon in your let- 
ten and also take the liberty to subjoin a translation thereof; as it 
might happen, that no person is near you, understanding the Spanish 
language. I am firmly of opinion, that the governor asserts the truth 
in his communication; and am convinced, that the inhabitants of Pen- 
sacola have suffered, and do now suffer, more than our citizens, from 
the existence of the fort, and its garrison. 

I also take the liberty of communicating such intelligence, as I 
have been able to collect from good authority, and which might per- 
haps be of some use. 

The fort in question is situated at Bonavista, on the eastern 
branch of the Apalachicola river, l£ miles above its mouth, and 120 
miles east of Pensacola. The river discharges itself into St. George's 
Sound; and vessels, drawing not more than 10 feet water, may come 
in between St. George's and St. Vincent's islands: the bar, however, 
is dangerous, and requires skilful pilots. 

The fort was constructed by Nicholls and Woodbine; and the 
British occasionally resorted thither; but on their final evacuation of 
this country, left it in the possession of a garrison, composed of negroes 
and Indians, with four pieces of heavy ordnanee, and 10,000 pounds 
of powder, &c. About twenty Choctaws, a number of SeminolesJ 
and a great number of runaway negroes, are supposed to have beet 
there some time ago; but a great part of these brigands have aban 
doned the fort, on account of scarcity of provisions, and have gone 
to Savannah (alias St. Joseph's) river, in East Florida; whither thej 
will, no doubt, all retire, in case of an attack by land, as they have J 
schooner, and several large boats, to make good their retreat by sea 
if not interrupted. 

From this spot they can easily annoy our settlements on Flin 
river, and the whole Georgia frontier, and are in a country wher 
they can procure subsistence with facility. 

Pensacola itself, is, I can assure you, entirely defenceless. Th 



£6*1 



&9 



garrison consists of from 80 to 100 effective men, exclusive of a bat* 
talion of colored troops, say about 150 men, of whom the inhabi- 
tants themselves stand in constant dread. They have about 150 ser* 
viceable muskets, about 500 musket cartridges, and not enough gun- 
powder to fire a salute: one gun was mounting at Barrancas, on the 
day I left there. To this is to be added, the dissatisfaction of the in- 
habitants, and even of a number of the officers of government, and 
the desire of a majority, to see a change effected. I must not forget 
to present to you, on the part of the governor, the thanks of the in- 
habitants of Pensacola, for the exemplary and humane conduct of the 
army under your command at Pensacola; and I verily believe their 
professions to be sincere. 

The governor also, on my mentioning in conversation, that I was 
persuaded you would willingly assist in destroying the fort, said, if 
the object was of sufficient importance to require the presence of gen. 
Jackson, he would be proud to be commanded by you; and that if 
the captain general of Cuba could not furnish him with the necessary 
means, he might perhaps apply to you for assistance. 

Having nothing further to add, I remain very respectfully, 

Your obedient servant, 

[Signed] VERO ZT AMELUNG. 

Captain 1st infantry* 
A true copy, 

James T. Vent, 

Judge Jidvo. Div. of the South. 



No. 17. 

General Jackson to the Secretary of War. 

Head Quarters, D. of the South, 

Nashville, June 15th, 1816. 
SIR, 

I have this moment received the answer of the commanding offi- 
cer and governor of Pensacola, to mine of the 23d of April, which I 
hasten to forward for your information, as well as the copy of the 



50 [6SJ 

report of captain Amelung, of the 1st infantry, who was the bearer of 
my letter. I send you the original, retaining a copy in English, for- 
warded to me by captain Amelung. 

The answer bears the marks of candor, and breathes the spjrt of 
friendship; and as those marauders, on our frontier are acknowledged 
officially, as rebels against the government ot Spain, there can be no 
fear of disturbing the good understanding, that exists between us and 
Spain, by destroying the negro fort, restoring to the owners, the ne- 
groes that may be captured. 

The 4th and fth infantry, will be sufficient to destroy it, a few 
troops from the 1st infantry* with a small naval force, will prevent 
their escape and capture those vessels, named by captain Amelung in 
his report. I shall await your order, on this subject, which shall be 
promptly obeyed and executed, 

I am respectfully, 

Your most obedient servant, 

ANDREW JACKSON, 

Maj. Gen. Com'dg. D* of the St. 

The Hon. Wm. H. Crawjorcl, 
Secretary of War. 



No, 18* a. 
Qen, Qaines to the Secretary of War, 

Camp near fort Jacksm^ 

April SOthy 1816. 

SIR, 

I have just now received a letter from lieut. colonel Clinch, 
dated near the mouth of Summochjchoba, the 26th instant, enclosing 
a communication from the little prince, a copy of which I enclose 
herewith. 

This chief is on a tour down the river to visit the Seminole 
chiefs near the Apalachicola. 

The ostensible object of the visit was to adopt measures to take 
the Negro fort; and as colonel Hawkins had confidence in the prom- 



[<S5] 



61 



ises of the Indians to effect this object, I sanctioned a requisition for 
supplying them with three hundred bushels of corn, to serve as ra- 
tions. That I have little faith in their promises, I will not deny; but 
it seemed to me proper to encourage them in the prosecution of a 
measure which I felt persuaded would, if successful, be attended 
with great benefit to our southern frontier inhabitants, as well as the 
Indians themselves. 

I have the honor to fre, 

Very respectfully, 

Your most obedient servant, 

[Signed] EDMUND P. GAINES, 

The Eon. William H. Crawford, 
Secretary of War, 



No. 18. b. 

Talk from the Little Prince, Tustunnuggee Hopoy, to the commander 
of the United States* forces in the Indian nation, 

SIR, 

Jackson and Hawkins spoke to us, and told we were their chil- 
dren. At the Tuskeegee meeting, you told us you would have the 
land as far down as the Summochichoba; but we chiefs did not agree to 
it, you did not tell us then you would build forts along the river bank 
down to the fork, but we heard since you issued orders to that effect. 
We do not think it friendly for one friend to take any thing from 
another forcibly. The commander and Hawkins did not tell us any 
thing about building of these forts. Did you know these things, and 
keep them hid from me? We told our friend Hawkins we would hold 
a meeting at this place on our way down. We were at the fort at 
Summochichoba, built by the commanding officer— that he had or- 
ders to build three forts. Our friend Hawkins told us to go down to 
the fort of the blacks, and take them out of it, and give them to their 
masters, which we are at, at this present, when we have heard of 
Jackson's orders about building the3e forts — we hear of your meet- 
ing at Tuskeegee. We hope you will detain the forces at the places 
they are at, at present, and wait on the Indians, as J am sure they 



M 1*65} 

will be able to settle every thing; but all the chiefs are not yet met, 
you know that we are slow in our movements. I spoke to the com* 
manding officer at Summochichoba. He will read this, and write it 
off on a clean sheet, and send it on to the commander in chief and 
colonel Hawkins. I beg you will send me back an answer, and z. 
sheet of paper, and a little ink, in order to enable me to write you 
again, if it should be necessary. 

I remain your friend, 

(Signed) TUSKANUGGEE HOPOY. 

A true copy— Rob. R. Ruffin, 

Lieutenant artillery, aid-de-camp, 

Wrote as spoken by Wm. Hambly, 26th April, 1816e 
(Signed) W. S. Pendleton. 



No. 19. 

General Gaines to Col. Clinch. 

Bead Quarters, Fort Montgomery, M. X 
23d May, 1816. 

SIR, 

Your letters up to the 9th instant, have been received. The Bri- 
tish agent Hambly, and the little prince, and others, are acting apart, 
which I have been at a loss for sometime past to understand. Are 
they not endeavouring to amuse and divert us from our main object? 
Their tricks, if they be so, have assumed a serious aspect, and may 
lead to their destruction; but we have little to apprehend from them. 
They must be watched with an eye of vigilance. The post near the 
junction of the rivers, to which I called your attention, in the last 
month, must be established speedily, even if we have to fight our 
way to it through the ranks of the whole nation. 

The surveyors have commenced laying off the land to be sold 
and settled; and they must be protected. The force of the whole 
nation caunqt arrest your movement down the river on board the boats> 



[659 



<Js 



if secured up the sides with two inch plank, and covered over with 
clapboards; nor could all the nation prevent your landing and con- 
structing a stockade work, sufficient to secure you, unless they should 
previously know the spot at which you intended to land, and had ac- 
tually assembled at that place previous to, or within four hours of 
your landing; but your force is not sufficient to warrant your march 
to the different villages, as suggested, by land. The whole of your 
force, (except about forty men, or one, company, for the defence of 
fort Gaines,) should be kept near your boats and supplies, until the 
new post shall be established. You may then strike at any hostik 
party near you, with all your disposable force; but, even then, you 
should not go more than one or two days march from your fort. 

If your supplies of provision and ammunition have reached you, 
let your detachment move as directed in my letter of the 28th of last 
month. You can venture to move with twenty five days rations, but 
you should order a supply to the agency, or fort Gaines, where a boat 
should be built, and held in readiness to send down, in case any acci- 
dent should prevent, or delay the arrival of a supply which I have or- 
dered from New Orleans. 

I enclose you an extract of a letter containing an arrangement 
for the supply, by water, and have to direct that you * will provide a 
boat, and despatch it with an officer and fifty men to meet the ves- 
sels from New Orleans, as soon as you are advised of their being on 
the river. One of your large boats will answer the purpose, provid- 
ed you have no barge or keel boat. Should the boats meet with op- 
position, at what is called the Negro Fort, arrangements will imme- 
diately be made for its destruction, and for that purpose you will be 
supplied with two eighteen pounders and one howitzer, with fixt am- 
munition, and implements complete to be sent in a vessel to accom° 
pany the provision. I have likewise ordered fifty thousand musket 
cartridges, some rifles, swords, &c. Should you be compelled to go 
against the Negro Fort, you will land at a convenient point above it f 
and force a communication with the commanding officer of the ves- 
sels below, and arrange with him your plan ot attack. Upon this 
subject, you shall hear from me again, as soon as I am notified of 
the time at which the vessels will sail from New Orleans. 

With great respect and esteem, 

Your obedient servant, 

(Signed) EDMUND P. GAINES. 

Major gen, comrrfg* 

XAeut. col, D. L. Clinch, 

or officer commanding on the Chattahooche, 

A true copy.— BOB. R RUFFIN, Aid-de-camp, 

* Note.— Thirty thousand rations have been ordered from New Orleans up the 
Apalachicota, and commodore Pt&terson requested to send & convoy of one or two gun 
vessels. 



34 [65j 



No. 20. 

General Gaines to Commodore Patterson. 

Fort Montgomery, May 22d 1816. 

SIR> 

By a letter I have received from lieutenant colonel Clinch, coin* 
manding a battalion of the 4th regiment infantry, on the Chatahoo- 
chie, I learn that in the early part of the present month, a party of 
Indians surprized and took from the immediate vicinity of his camp, 
two privates sent out to guard a drove of beef cattle, purchased for 
the subsistence of the troops. The cattle, amounting to thirty head, 
were also taken; the Indians were pursued forty five miles, on a path 
leading to St. Marks, but being mounted and having travelled all 
aight, escaped with their prisoners and booty. 

This outrage, preceded bv the murder of two of our citizens, 
Johnson and M'Gaskey, by Indians below the lines, and followed by 
certain indications of general hostility, such as the war dance, and 
drinking war physic, leaves no doubt that we shall be compelled to 
destroy the hostile towns. 

The detached situation of the post, which I have ordered lieuten- 
ant colonel Clinch to establish near the Apalachicola, will expose us 
to great inconvenience and hazard, in obtaining supplies by land, par- 
ticularly in the event of war, as the road will be bad, and the distance 
from the settlement of Georgia near one hundred and fifty miles. 

Having advising with the commander in chief of the division 
upon this subject^ I have determined upon an experiment by water, 
and for this purpose have to request your co-operation; should you 
feel authorized to detach a small gun vessel or two, as ja convoy to 
the boats charged with our supplies up the Apalachicola, I am per- 
suaded that in doing so, you will contribute much to the benefit of 
the service, and accommodation of my immediate command in this 
quarter: the transports will be under the direction of the officer of 
the gun vessel, and the whole should be provided against an attack by 
small arms from shore. To guard against accidents, I will direct 
lieutenant colonel Clinch, to have in readiness, a boat sufficient to 
carry fifty men, to meet the vessels on the river and assist them up. 

Should you find it to be convenient to send a Convoy, I will 
thank you to inform me of the date of its departure, and the time 
which in your judgment, it will take to arrive at the mouth of the 
river (Apalachicola.) 

Enclosed you will receive the best account I can give you, from 
the information I have received of the Negro Fort upon the Apala- 






165% 65 

chicoia. Should we meet with opposition from that fo>t, it shall be 
destroyed; and for this purpose the commanding officer above, will 
be ordered to prepare all his disposable force, to meet the boats at, or 
just below the fort, and he will confer with the commanding officer 
of the gun vessels, upon the plan of attack. 

I am, with great consideration and esteem, 

Your obedient servant, 

[Signed] EDMUND P. GAINES, 

Maj. Gen. by brevet. 
Coin. Daniel T. Patterson, V S. Navy, 
Commanding JVew Orleans station. 



No. 21. 
Cpm. Patterson to lieuU comU Crawley.* 

JWw Orleans , 19th June, 1816* 

SIR, 

The enclosed copy of a letter from major general Gaines, 
commanding the United States military forces, in the Creek nation, 
fully informs you of his situation and his expectation of immediate 
commencement of hostilities on the part of those Indians. 

In consequence of the information contained in that letter, I 
have promised the convoy therein requested; you will therefore take 
under your command, gun boat No, 149, and with that letter for 
guide, convoy the transports, with ordnance, provisions, &c, up the 
Apalachicola and Chattahoochie, to such point or points as may be 
required, if practicable; should you meet with opposition from the 
Negro fort, situated as stated in the letter on the former river, the 
military commanding officer will have orders to destroy it, ifi which 
you will co operate; the plan of attack to be concerted between your, 
self and him; the transports will be under your direction entirely/ 
9 



M [65j 

In the evctot of hostilities between the Indians and the United 
States, you will if practicable afford any aid with your vessels in your 
•power to the army. Remain in that river and co operate with them 
until it shall be necessary to return here for provisions; but if you 
cannot aid them in their operations, you will then return imme- 
diately, bringing with you the transports. 

The transports, will rendezvous at the Pass Christian, and con- 
sist of the following vessels. 

Schooner Semrlante, laden with ordnance. 
General Pike, provisions. 

By late information the Negro fort mounts only six pieces of 
cannon, with about one hundred men in and about it, planting corn, 
and I apprehend no opposition from them whatever; in the event of 
your remaining to act with the army, your will communicate with 
me by mail* through general Gaines. Should the boat mentioned in 
general Gaines* letter not meet you prior to your arrival, at or near 
the Negro fort, and you have cause to expect opposition, you will 
Watt her arrival before you attempt to pass it. 
Very respectfully 

Your obedient servant, 

[Signed] DANIEL T. PATTERSON. 

Lieut, Comt. Cha. E. Crawley , 
IT. &. Cutter Fox. 



SIR, 



No. 22. 

Commodore Patterson to J. Loomis, 

New Orleans, June 19*A, 1816, 



The enclosed despatch for lieutenant commandant Crawlev is 
transmitted under cover to you, lest he might not arrive at the Pass 
Christian, by the time the transports laden with ordnance, provision* 
&c ., mentioned to you verbally when here, shall arrive and be ready 
to proceed to their place of destination, in which case you will con- 
sider thorn as addressed to you and act accordingly; in that event 
you will take under your command gun boat No. 154, together with 
the transports, and prooeed in execution of these instructions. 



[ss3 



67 



In the performance of the duties therein pointed out, it will be 
accessary to act with vigor and judgment; and you will refrain 
from any act of hostilities against the Spanish force, or violation of 
their rights and laws. You will make no delay in your departure 
from the Pass Christian, after the arrival there of No. 154 and the 
transports* 

Very respectfully # 

Your obedient servant, 
(Signed) DANIEL T. PATTERSON. 

filing master Jairus Loomis, 

Commanding U. 8. gunboat, JVb. 149» 



No. 23. 
J. hoomis to Commodore Patterson* 

Bay St. Louis, iSth August, 1816* 
United States' Gun Vessel, JVb. 149* 
SIR, 

In conformity with your orders of the 24th June, I have the 
honor to report, that with this vessel and No. 15*, sailing master 
James Baasett, I took under convoy the schooners General Pike an4 
Semelante, laden with provisions and military Stores, and proceeded 
for Appalachicola river; off the mouth of which we arrived on the 
10th July. At this place I received despatches from lieutenant colo- 
nel Clinch, commanding the 4th regiment United States infantry, on 
the Chatahoochie river, borne by an Indian, requesting me to remain 
off the mouth of the river, until he could arrive with a party of men 
to assist in getting up the transports; desiring me also, to detain all 
vessels and boats that might attempt to descend the river. 

On the 15th, I discovered a boat pulling out of the river, and 
being anxious to ascertain whether we shduld be permitted peaceably 
to pass the fort above us, I despatched a boat with an officer to gaic, 
the necessary information; on nearing her, she fired a volley of mus* 
ketry into my boat, an4 immediately pulled in for the river; I immc« 



6* £651 



diately opened a fire on them from the gun vessels, but with no ef- 
fect. 

On the 17th, at 5 A. M.I manned and armed a boat with a swivel 
and musketry and four men, and gave her in charge of midshipman 
Luffborough, for the purpose of procuring fresh water, having run 
short of that article. At 11 A. M- sailing master Bassett, who had 
been on a similar expedition, came along side with the body of John 
Burgess, O. S. who had been sent in the boat with midshipman Luff- 
borough; his body was found near the mouth of the river, shot 
through the heart. At 4 P. M. discovered a man at the mouth of the 
river on a sand bar, sent a boat and brought him on board; he proved 
to be John Lopaz, O. S. the only survivor of the boat's crew sent 
with midshipman Luffborough. He reports, that On entering the 
river, they discovered a negro on the beach near a plantation; that 
Mr. Luffborough ordered the boat to be pulled directly for him; that 
on touching the shore he spoke to the negro, and directly received a 
volley of musketry from two divisions of negroes and Indians, who 
lay concealed in the bushes on the margin of the river; Mr. Luff- 
borough, Robert Maitland, and John Burgess, were killed or* the spot; 
Ijopaz made his escape by swimming, and states that he saw the other 
seaman, Edward Daniels, made prisoner. Lopaz supposed there 
must have been forty negroes and Indians concerned in the capture 
of the boat. 

On the 20th July, I received by a canoe with five Indians, des- 
patches from colonel Clinch, advising that he had arrived with a party 
of troops and Indians at a position about a mile above the negro fort, 
requesting that I would ascend the river and join him with the gun 
vessels. He further informed me, that he had taken a negro bearing 
the scalp of one of my unfortunate crew, to one of the unfriendly In- 
dian chiefs. On the 22d, there was a heavy cannonading in the di- 
rection of the fort. On the 23d, I received a verbal message from 
colonel Clinch, by a white man and two Indians, who stated that 
colonel Clinch wished me to ascend the river to a certain bluff, and 
await there until I saw him. Considering that by so doing, in a nar- 
row and crooked river, from both sides of which my decks could be 
commanded, and exposed to the fire of musketry, without enabling 
me to act in my own defence; and also, that something like treachery 
might be on foot, from the nature of the message; I declined acting, 
retained the white man and one of the Indians as hostages, and des- 
patched the other, with my reason for so doing, to colonel Clinch, that 
his views and communications to me in future must be made in wri- 
ting, and by an officer of the army. 

Lieut Wilson and thirteen men joined me on the 24th to assist 
in getting up with the transports, he likewise informed me that colonel 
Clinch had sent the canoe the day before. 

On the 25th I arrived with the convoy at duelling bluff, about four 
miles below the fort, where I was met by colonel Clinch; he informed 
me that in attempting to pass within gunshot of the fortifications, be 



[65] 



69 



had been fired upon by the negroes, and that he had also been fired 
upon for the last four or five days, whenever any of his troops ap- 
peared in view; we immediately reconnoitred the fort, and determined 
on a scite to erect a small battery of two eighteen pounders to assist 
the gun vessels to force the navigation of the river, as it was evident 
from their hostility we should be obliged to do. 

On the 26th the colonel began to clear away the bushwood for 
the erection of the battery; he however stated to me that he was not 
acquainted with artillery, but that he thought the distance was too 
great to do execution On this subject we unfortunately differed to* 
tally in opinion, as we were within point blank range; he however oiy 
dered his men to desist from further operations; 1 then told him that 
the gun vessels would attempt the passage of the fort in the morning, 
tuithout his aid. At 4, A. M on the morning of the 27th, we began 
warping the gun vessels to a proper position; at 5, getting within gum 
shot, the fort opened upon us, which we returned, and after ascertain* 
ing our real distance with cold shot, we commenced with hot, (hav- 
ing cleared away our coppers for that purpose,) xhejirst one of which 
entering their magazine, blew up and completely destroyed the fort. 
The negroes fought under the English Jack, accompanied with the 
red or bloody flag. 

This was a regularly constructed fortification, built under the 
immediate eye and direction of colonel Nicholls of the British ar- 
my; there were mounted on the walls, and in a complete state of 
equipment for service, four long 24 pounders, cannon; four long 6 
ditto; one four pounder field piece, and a Si inch brass howitz, with 
three hundred negroes, men, women, and children, and about 20 In- 
dian warriors of the renegadoChoctaws; of these 270 were killed, and 
the greater part of the rest mortally wounded, but three escaped un- 
hurt; among the prisoners were the two chiefs of the negroes and In- 
dians, On examining the prisoners they stated that Edward Daniel§» 
O, S. who was made prisoner in the boat on the 17th July, was tarred 
and burnt alive. In consequence of this savage act, both the chiefs 
were executed on the spot by the friendly Indians. 

From the best information we could ascertain there were, 

2,500 stand of musketry, with accoutrements complete. 
500 carbins. 
50O steel scabbard swords. 

4 cases containing 200 pair pistols. 
300 qr. casks rifle powder. 

762 barrels of cannon powder, besides a large quantity of mi- 
litary stores and clothing, that I was not able to collect any account 
of, owing to an engagement made by colonel Clinch wiih the Indians, 
in which he promised them all the property captured, except the can- 
non and shot. 

The property captured on the 27th July, according to the best 
information we could obtain, and at the lowest calculation, could not 
have been less than $ 200,000 in value, r,he remnant of the property, 



that the Indians did not take, was transported to fort Crawford, $ttd 
to this place, an inventory of which I have the honor to transmit for- 
your further information. 

On sounding the river, I found it impassable for vessels drawing 
more than four and a half feet water, consequently, colonel Clinch 
took the provision from the General Pike into flats, and lightened 
the Semelante, so as to enable her to ascend the river as high as fort 
Crawford. On the 3d August, after setting Ere to the remaining 
parts of the fort and village, I left the river and arrived at this an- 
chorage on the 12th current. 

I carraot close this letter without expressing to you, my entire 
approbation of the conduct of sailing master James Bassett, command* 
ing gun vessel No. 154, for his cool, deliberate, and masterly con- 
duct, and the support I received from him in all cases of difficulty 
*nd danger. In fact, Sir, every man and officer did his duty. 

Very respectfully, 

Your obedient servant^ 

[Signed] J. LOOMIS. 

Commodore Daniel T. Patterson, 
Commanding U, 8. Naval Forces, 
New Orleans station. 



No. 24. 

Commodore Patterson to the Secretary of the Navy. 

New Orleans, August 15th> 1816, 

SIR, 

It is with great satisfaction I do myself the honor to transmit 
herewith, a copy of the report of operations of two gun vessels, under 
the command of sailing master Jairus Loomis, despatched at the re- 
quest of major general Gaines, commanding the U. S. army in th* 
Creek nation, to convoy two transports, laden with ordnance, stores, 
gnd provision, up the rivers Apalachicoia and Chatahaochie, to fprf 






[«] 



71 



Crawford, for the use of the army; as also, copies of the major gene* 
rai's letter to me, and of my instructions to Mr. Loomis. 

You will perceive by Mr. Loomis's statement, that the unprovok- 
ed and wanton aggression committed by a party of negroes on his 
boats, as also their hostile disposition and conduct to the army and the 
gun vessels, and their approaching the fort, evinced in the strongest 
manner their intention to dispute his passage past their fort, rendered 
it necessary to silence their fire and capture the fort The very 
able manner and short time in which this was so effectually accom- 
plished, with a force so very inferior, reflects the greatest credit upon 
Mr. Locmis, and the officers and men under his command; the 9th 
-shot and^frsf hot one, producing the explosion, and unless the fort 
had surrendered or been destroyed, it would have been impossible 
for the army to have received those supplies, of which they stood sw 
so much need, and without which their operations against the hostile 
indians, must necessarily have been materially retarded, if not totally 
suspended, and it was from the very great importance, as detailed by 
general Gaines, that those stores and provisions should reach the 
army in safety, that I felt it a duty incumbent upon me, when thus 
called upon; to afford the requisite convoy for their protection. 

The service rendered by the destruction of this fort and the band 
of negroes who held it and the country in its vicinity, is of great and 
manifest importance to the United States, and particularly those states 
bordering on the Creek nation, as it had become the general rendez- 
vous for runaway slaves and disaffected Indians, an asylum where 
they were assured of being received; a strong hold where they found 
arms and ammuniton to protect themselves against their owners and 
the government; this hold being destroyed, they have no longer a 
place to fly to, and will not be so liable to abscond. The able manner 
in which this enterprize was conducted, cannot but impress the hos~ 
tile Indians also with a dread of our arms, and increase the confidence 
of* those who are friendly; add to which, that the force of the negroes 
was daily increasing, and they felt themselves so strong and secure* 
that they had commenced several plantations on the fertile banks of 
the Apalachicola, which would have yielded them every article of 
Sustenance, and which would consequently, in a short time, have reu* 
dered their establishment quite formidable and highly injurious i® 
the neighboring states. 

The English union jack, and red, or bloody flags, under which 
they committed their unprovoked hostilities against the Americaa 
flag, are in my possession, and I shall have the satisfaction of for- 
warding them to the Department, by the first safe conveyance. It ap- 
pears very extraordinary, and remains with the English government 
to explain the authority for the flag being thus hoisted by a band of 
outlaws, as also their officer, colonel Nicholls, having placed so strong 
a work, and with so large a supply of arms (most of which were per* 
fectly heW and in their cases) ammunition^ and every other imple- 
-Xti'etxt requisite to enable the negroes and Indians to prosecute offer.- 



72 [65] 

sive operations against the United States; in possession of negroes 
too, known to be runaways from the United States, and that too, 
sometime after peace had taken place. 

Herewith is transmitted a copy of the inventory of the articles 
saved from the explosion, designating those furnished the army for 
public use and those brought off and deposited here. 

I regret extremely the loss of Mr. Luffborough. killed in the ser- 
vice, who though much indisposed, and having sent in his resigna- 
tion to the Department, very handsomely volunteered his services 
and accompanied the expedition; Mr. Loomis reports his conduct in 
the highest terms of approbation. 

1 avail myself of this occasion with great satisfaction to recom- 
mend to the particular notice of the Department, sailing masters Ja- 
rius Loomis and James Bassett, commanding the gun boats on this 
expedition, as highly meritorious officers. 

I cannot but lament exceedingly the great loss of lives occasion- 
ed by the destruction of the fort, though caused by their opposition to 
a passage of the river and hostilities most wickedly commenced upon 
a friendly flag, under which not the slightest aggression would have 
been offered them. 

The course pursued in this service, and the result will, I trust, 
meet the approbation of the President of the United States. 

I have the honor to be, 
"With great respect, 

Your obedient servant, 

DANIEL T. PATTERSON. 

Me Hon. Benjamin W. Crowninshield, 
Secretary of the Navy, Washington^ 



No. 25. 

Governor. Kindelan to G. Cockburn. 

Most ExcelUnt Sir, 

The support and protection which the subaltern officers of the 
troops under your command, now on Cumberland Island, afford to 
the runaways slaves of this province, under my charge, inviting them 



[65] 



73 



to desert their masters, and enlist as soldiers, with the tempting pro- 
mise of the liberty, which they will enjoy, when once they are trans- 
ported to H. B. majesty's colonies, has filled with consternation the 
peaceable inhabitants, subjects of H. C. M., to which may be added, 
the aggravation offered them, by the manner in which the restoration 
has been eluded, as to answer the claim which their masters make 
personally, by saying, that they might take those that would accom- 
pany them voluntarily, is the same thing as to refuse their restora- 
tion; for where is the slave that will voluntarily return to slavery, if 
left to his election? For my part, even if there did not exist that 
good understanding, concord, and friendship betwixt our respective 
nations, I should feel very averse to suppose that the British govern- 
ment, generous England, would tolerate in its subjects, the spolia- 
tion of this property, belonging to the pacific, industrious and defence- 
less planter, not only of a friendly power, but (excepting in certain 
eases) I conceive, they would not permit it towards an enemy; I pro- 
nounce it as undeniable, that this laudable maxim has ever been so 
religiously observed by civilized and enlightened people, that until 
now it has always been considered as an inviolable principle of the 
fows of nations. 

This abuse or disorder, most excellent sir, from its important 
nature, demands from your excellency, the most prompt and efficaci- 
ous remedy in your power, in order to do away those appearances of 
hostility, which such unusual proceedings manifest; as well as to avoid 
the consequences which must result from them, and which, for my 
part, I shall endeavor to obviate by every means in my power, re- 
questing Y, E. again to order the restoration, without restriction, of 
the aforesaid Spanish property, which I now demand of you, official- 
ly, for the second time. 

Permit me to offer to Y. E. personally, my sentiments of high 
consideration, whose life I pray God to preserve many years. 

(Signed) SOB. KJNDELAM 

St. Augustine, E. F. 
18th February 1815. 

Ws Excellency George Cockburn, £s?c. £s?c. &?c 



No.28. 

General Jackson to Governor MizoU 

Head Quarters, Division of the Souths 
Fort Gadsden. March 25, 1818. 

I have ordered a supply of provisions to be sent from New Or- 
leans, via Pensacola, to Fort Crawford on the Conaco. This route 
10 



74 [65] 

has been adopted as the most speedy one of provisioning one of my 
garrisons, which must be maintained during the present contest 
against our mutual enemies the Seminole Indians. And I cannot but 
express a hope, that no attempt will be made to interrupt the free 
passage of my transports to that post. I am not disposed to enter 
into any controversy with you on the right which our government 
may claim to the free navigation of such water courses as head with- 
in her limits, but flow through the territory of his catholic majesty; 
preferring to leave these subjects to be settled by those legally au- 
thorized. But as it is necessary for me to make use of the Escam- 
bia river, in passing up provisions to the garrison at Fort Crawford, 
I wish to be distinctly understood, that any attempt to interrupt the 
passage of my transports, cannot be received in any other light than, 
as a hostile act on your part. I will not permit myself for a moment 
to believe, that you would commit an act so contrary to the interests 
of the king your master. His catholic majesty, as well as the United 
States, are alike interested in chastising a savage foe, who have too 
long warred with impunity against his subjects, as well as the citizens 
of this republic; and I feel persuaded, that every aid which y©u can 
give to promote this object, will be cheerfully tendered. 

I am, with sentiments of respect, 
Your obedient servant, 

(Signed) ANDREW JACKSON. 

Mnjor General Commanding, 

Jose Mazot, Governor ofFensacola, 



No. 29. 
Gov, Mazot to Gen* Jackson* 
(Translation.) 

Most Excellent Sir, 

Your excellency's letter of the 25th of last month has been de- 
livered to me, also that of the 16th, in answer to mine of the 16th of 
February preceding. I now have the honor to acknowledge the receipt 
of both, and to reply to the former. 



[65] 



75 



Ii> the month of May last, yielding to a spirit of conciliation, I 
gave permission to the schooner Victory from New Orleans, to pass 
up the Escambia to the American fort with a cargo of provisions: 
prompted by the same sentiment, I gave a similar permission in 
January last, to captain Call of the schooner Italiana, to proceed to 
the same place; and subsequently, pursuing the same friendly and con- 
ciliatory feelings, I allowed lieut. Eddy, belonging to the garrison of 
the f^rt above alluded to, who had been commissioned for that purpose 
by major Youngs the commandant, to supply himself here with sixty 
ban els of provisions. The cargo of the schooner Italiana being still 
deposited here, I conceive that the introduction of the further supply 
requested by your excellency, is not necessary at present. Notwith- 
standing this, as I infer from your excellency's letter that the said pro- 
visions are now on the way, and am disposed to grant the same in- 
dulgence as heretofore, while it is not less my duty to enforce the es- 
tablished regulations and restrictions, which require that the supplies 
should be consigned to a Spanish trading house, which will under- 
take to forward them and secure the payment of the royal import and 
export duties. I will give permission for them to pass in like man- 
ner as the first, it being however well understood, that neither now 
nor hereafter, the United States can pretend to or acquire any right 
in consequence of these indulgences, which are perfectly gratuitous, 
and granted solely in consequence of existing circumstances, which, 
as your excellency states to me, prevent the arrival of supplies to the 
said fort Crawford through any other channel; in addition you are 
pleased to remark, that, you are not disposed to enter into any dis- 
cussion with me on the subject of the right which may be claimed by 
the United States to the free navigation of the Escambia, 

To a discussion of this nature I am no less averse than your ex- 
cellency; because it is one not within my province, and because it is 
my duty, as a subordinate officer to conform to the orders of my su- 
perior; therefore, until I receive orders to the contrary, lam bound, 
in reference to this point, strictly to adhere to the existing treaties be- 
tween the United States and Spain. On referring to the last treaty 
of amity, limits and navigation, I perceive nothing that stipulates the 
free navigation of the river alluded to; but on the contrary, that the 
sovereignty of the king my master in and over all the territories, 
coasts, rivers, posts and bays, situate to the south of the thirty first 
degree of north latitude, is solemnly and explicitly acknowledged by 
the United States. And if, in consideration of the present extraordi- 
nary circumstances, farther momentary concessions are required, I 
request your excellency to have the goodness to apply for that pur- 
pose in future to the authority on whom they may depend, as I am 
wholly unauthorized in this matter. 

God preserve you many years! 

[Signed] JOSE MASO.T. 

Pensacola, \Sth April, 1818. 
To his Excellency Andrew Jac&son. 



76 [65] 

True copies of the documents deposited in this command. Pen- 
sacola, 2d May, 1818, in the absence of the Secretary (by indispo- 
sition) 

[Signed] BUENAVENTURA DUBREUIL. 



:No. 30. 

General Jackson to Governor Mazot. 

Head Quarters, Division of the South, 
St. Marks, April 27th, 1818. 

SIR, 

After I left this post for St Juan, to disperse and destroy the 
mutual enemy of Spain, and the United States, a small schooner 
with men and supplies arrived from Pensacola, and was taken pos* 
session of, and detained by my officer left in command. This vessel 
has been liberated, with all her effects, excepting some cloathing of 
the United States, (unaccompanied with any invoice,) and which has 
been detained as supposed to be a part of that taken in the boat, 
within the territory of this republic, in which lieutenant Scott, of the 
United States army, with h*i3 command, were so inhumanly massa- 
cred. 

I regret being compelled to sjate to you, that from the papers 
and other proofs taken at St. Juan, the quantity of American cat- 
tle found at St. Marks, and purchased by me from the commissary 
of the post, and the intercourse kept up between this post and the 
hostile Indians, there is too much ground to believe, that the Indians 
have been encouraged, aided, and abetted by the officers of Spain 
in this cruel war against the United States. Proof positive exists 
that the Indians were supplied with ammunition by the late com- 
mandant of St. Marks. The United States cloathing being found on 
board of a vessel, in the employ of the government of Spain, sailing 
from Pensacola, direct for this post, compels me to call on you for a 
statement in what manner you came possessed of said cloathing. 

The good understanding that so happily exists between his catho« 
lie majesty and the United States, formed a just ground to believe, 
that his agents would have discountenanced this cruel and savage 
war, waged against the citizens of this repuhlic; too weak to comply 






[65] 



77 



with her treaties with the United States, or chastise her own savage 
subjects waging war against a friendly nation. It was scarcely to fc 
believed that her officers would have been detected in aiding and 
abetting this enemy, assisting her with intelligence of our movements, 
and purchasing of him the property depredated of us. America, just 
to her treaties, and anxious to maintain peace with the world, cannot, 
and will not permit such a savage war to be carried on in disguise any- 
longer. 

Asylums have been granted to the persons and property of our 
Indian foe, (fugitives from the territory of the United States.) Fa- 
cilities deemed by me necessary to terminate a war, which, under ex- 
isting treaties, should have been maintained by Spain, for feeding my 
troops, and liberating the subjects of Spain, imprisoned by the In- 
dians, have all been denied by the officers of his catholic majesty. 
All these facts prove the unjust conduct of Spanish agents in the 
Floridas. It cannot be longer tolerated; and although a republic fond 
of peace, the United States know her rights, and at the expense of 
war will maintain them. 

(Signed) ANDREW JACKSON. 

Maj. Gen. Commanding. 

Bon Jose Mazot, Gov. of Pensacola. 



No. 31. 

Governor Mazot to Major Youngs* 

(Translation.) 

The commandant of West Florida to Major Youngs, encamped on the 

banfcsyfthe Escambia. 

SIR, 

Your letters of the 27th instant, dated, camp on the Escam- 
bia and Fort Crawford, enclosing a proclamation, were this day de- 
livered to me at 3 o'clock P. M. by an artificer, a man of color, whose 
immediate return does not allow me at present to reply particularly 
to them, and I shall onjy state that the few peaceful Indians who 



78 [65} 



were at this place and in its neighborhood, left it on the 26th, and at 
day break several of them were murdered by the troops of the Unit- 
ed States, and among them some women and children: as I airruna- 
ble to account for this act and the violation resulting from it, I have 
to inform you that I shall transmit an account of the whole transac- 
tion to my superior, and I hope that in the meantime, you will not 
permit any further hostilities to be committed on any pretence in this 
territory, and in case the Indians give any reason for complaint that 
you will inform me of it, that I may chastise them for it as far as it 
depends on my authority. 

If there be Indians still remaining in this territory, I will have 
them sought for and communicate your letter to them, and advise 
you of the result.jj I do assure you on my word that your statement 
of the aggressions committed by the Indians, is the first intelligence 
I have had of it, and that when I agreed to the passage of the escort 
of which you speak, those Indians of whom lieutenant Eddy was ap- 
prehensive were the only ones pointed out to me, 

1 must repeat to you that all my wishes and efforts are directed 
to preserving the peace happily subsisting between our governments, 
and relying on your friendly sentiments towards me, I offer you in re« 
turn the assurances of mine. 

God preserve you many years. 

JOSE MAZOT* 

Pensacola, 27 th April, 1818. 

To Major White Youngs, 
commanding tlie U. S. troops on the Escambia. 



. 



The same to the same. 

SIR, 

In consequence of the request contained in your letter of the 
27th instant, I assembled the principal chiefs of the Upper Creek 
towns of Colome, Canaan, Corvale and Forsatche, and communicat- 
ed its contents to them: they all replied that they had long been very 
unhappy and miserable, without shelter or country; but that at last, 
by the advice of a good friend, they had found one, that they all 



[65] 



79 



cheerfully adopted it, and were very grateful for the offers you had 
made them. These Indians amount to about 87, including women 
and children. I have settled that they should divide into two compa- 
nies, and they will set out as soon as your answer is received, which 
they think it prudent to keep, as you will, when informed of their ac- 
ceptance of your offer, be enabled to give proper orders for their 
safety on their journey, and their avoiding any unpleasant rencounter 
with the Choctaws, who, if not duly informed of it, might attack 
them, in which case the measures taken for the peaceful arrangements 
that we both have so much at heart, would be defeated. 

Opahi-hola, an Alabaman chief, on account of his age and infir» 
mities, will remain here for the present with his family. I have given 
orders for his relief, and pledge myself for his good behavior. 

You will always find me ready to unite with you in such mea- 
sures as may be beneficial to our respective countries, and are con- 
formable to existing treaties. I renew the assurances of my respect, 
and pray God to preserve you many years! 

[Signed] JOSE MASOT, 

Pensacola, SOth April, 1818. 

To Major White Youngs. 



No. 32. a. 



(Translation.) 
The governor of West Florida to his Excellency Andrew Jackson, 
Most Excellent Sir, 

On the 10th instant, I received your letter of the 27th of April 
last, informing me, that on board a small schooner despatched from 
this port for Apalache, there were found several articles of clothing, 
such as is used by the United States troops, and which you suppose 
were taken in the boat in which lieutenant Eddy was unfortunately 
cut off, together with his escort; — you inquired of me how I came 
possessed of those articles of clothing; and you proceed to state, that 
you regret the necessity which compels you to inform me, that from 
written and other proofs obtained at St. Johns, the quantity of 



SO [65] 

American cattle found at St. Marks, and the active communica^ 
tion kept up between the latter place and the hostile Indians, there 
appear sufficient grounds to believe, that they were encouraged and 
excited to this savage warfare against the United States by the Span- 
ish officers; you add, that there exists positive proofs that the In- 
dians were supplied with ammunition by the late commandant of St. 
Marks; and you conclude by declaring, that shelter and protection 
have been given at this place to the persons and property of the In- 
dians who are in hostility with the United States, and have fled from 
the American territory; that these facts and the refusal to allow the 
passage of provisions for the supply of your troops, fully evince the 
unjust conduct of the Spanish agents in the Floridas. To these seve- 
ral charges I shall reply in their order frankly, unreservedly, and une- 
quivocally. The first relates to the articles of cloathing found on 
board the schooner Maria, and detained on the presumption of their 
being the property of the United States. A part of these, as is prov* 
ed by the copy No. 1, was purchased at New Orleans in May last, 
a part came from Havanna, and part was bought here; all which being 
fully substantiated, the charge is consequently disproved, and your 
inquiry satisfactorily answered. The second is more serious, and re- 
fers to the conduct of the commandant of St. Marks at a recent pe- 
riod. I immediately demanded of him an account of his proceed- 
ings, his report of which is enclosed under the No. 2. But as I am 
desirous that you would bring forward unquestionable proof of the 
malconduct of that officer, I have to request you to furnish me with 
it, in order that, if his misconduct be established, he may receive 
condign punishment; hereby assuring your excellency, with that sin- 
cerity which belongs to me, that, in such event, he has acted entirely 
contrary to his instructions, and that on receiving the evidence re- 
quired, he shall be tried by a court martial, and punished in an ex- 
emplary manner, according to the merits ot the case; your sense of 
equity will however satisfy you, that the Spanish government cannot 
bje held responsible for the misconduct of its agents, while it does nqt 
support them in it, nor tolerate their errors when proved. 

Your subsequent complaints are directed personally and point- 
edly against me, and relate to the shelter and protection alleged to 
have been afforded to the persons and property of fugitive Indians, 
ajad to the passage of provisions up the Escambia. The best mode 
of giving a satisfactory answer to these charges, will be to offer you 
a brief and faithful statement of facts. With respect to the Indians 
you have assuredly not been correctly informed; for although some 
few remained permanently here, chiefly consisting of women and 
children employed in supplying the inhabitants with fish, fuel, and 
other trifling articles, and had been living here long before the pre- 
sent war with the Seminoles, it is a fact, that when I sent around to 
assemble them for the purpose of communicating to them the propo- 
sal of major Youngs, their whole number amounted but to 87, and 
surely the small proportion of men among them, unarmed, misera- 



[65| 



si 



ble, and defenceless, could not be considered as objects of hostility 
to the United States, a proof of which was shown in the continual 
passage of American citizens to this place, travelling unarmed and 
alone, without a single instance of accident happening either to their 
persons or property. In regard to the passage of provisions up the 
Escambia, so far from suspending it, I facilitated it as far as depend- 
ed on rne, even to committing myself; since as a subordinate officer, 
I could not becomingly allow a proceeding which was not fully au- 
thorized; I therefore, in consideration of circumstances, took that 
responsibility upon myself, as I stated to your excellency in my let- 
ter of the 15th ultimo by major Perault, to which I beg your refer- 
ence. But with a view to the benefit of this place, by means of a free 
intercourse with the interior. I hereby declare., that in future, the 
merchants and traders belonging to it, shall pass freely from hence to 
iort Crawford and other places on the frontier, and transport all ne- 
cessary supplies, either by land or water, by which means it is to be 
expected, they will be abundantly provided, and your excellency en- 
tirely satisfied. 

In offering you these explanations and details, I flatter myself 
1 have given so full and satisfactory an answer to your excellency's 
letter, as to leave no doubt of the sincerity of my intentions, and at 
the same time, to have presented a certain pledge, that it is my earn- 
est wish to contribute, by every means in my power, to the mainte« 
nance of the good understanding happily subsisting between our two 
governments. God preserve you many yearsl 

(Signed) JOSEMASQT, 

Pensacola, May 18, 1818* 
To his excellency Andrew Jackson* 

A true copy of the original deposited in the office of the secreta* 
ry of the government of this province, under my charge* 

(Signed) CARLOS REGGIO, 

Vensacola^ May .31, 1818, 



No. 32. b. 
[Translation.] 

Certificates from New Orleans and Fensdcold, , 

^ Having observed, among other things, what is stated to you by 
major general Andrew Jackson of the United States troops, in his 
note of the 27th of April last, and communicated tome in yours of 
11 J 



82 [65] 

the 13th instant, in which you request me to inform you of what de« 
scription the articles were, referred to by the said general; also, by 
whom the coats worn by the men belonging to the grey and brown 
companies (de Pardos y Morenos) from the Havana, under my com- 
mand, were sold or brought to this place, they being the same uni- 
form as that worn by the troops of the United States, I have to in- 
form you in reply, that with respect to the articles of clothing shipped 
on board the schooner Maria, for the supply of a detachment from 
the aforesaid companies at Apalache, and detained by general Jack- 
son, they consisted of fifteen four point woollen blankets, and were 
brought here in his majesty's schooner brigantine " el Almirante," 
arrived in this port 2d January last; twenty five pair of French shoes, 
bought here of Don Henrique Grandpre, as per exhibit No. 1. an- 
nexed; fifteen common negro hats, bought of Don Henrique Miche- 
let, per exhibit No. 2; and twenty shirts of Crea linen, and the same 
number of pantaloons, received by the above named armed vessel, 
with the exception of three or four of the latter articles, which were 
made in North America for the use of their troops, and came into 
my possession in the manner I shall presently explain to you. All 
which clothing I requested you, in mine of the 7th April, to be pleas- 
ed to direct the proper department to have inserted in the clearance, 
as being for its account and risk. By the voucher annexed, No. 3, 
you will perceive, that on the 1st and 4th of May last, and 29th of 
July, there were shipped to me by Don Pedro Dalharte y Clareria, 
merchant of New Orleans, the hu*ndred and thirty-one coats of the 
uniform reformed there, according to his letter of advice; also, twen- 
ty eight pair of shoes, twenty Russia sheeting waistcoats, two hun- 
dred and fifty three leathern caps for the use of the chasseurs, and a 
quantity of half boots and leather stocks; all Which articles were pur- 
chased from the military storekeeper at New Orleans, and brought 
here in the schooners Maria and jalousie, under the charge of their 
skippers, Bartelome Albertv, and Jose Medina, who included them 
in the manifests they exhibited on arrivals, and the duties on them 
were secured, as appears by their appraisement by the proper officers 
on the 19th May and 11th August last. Hence, it is evident, that 
the conjecture formed by general Jackson, that the articles of cloth- 
ing detained by him, were part of those captured from the escort of 
lieutenant Scott, at the time he was cut off within the limits of the 
territory of the republic, is entirely disproved; inasmuch as the unfor- 
tunate accident of that officer and his escort happened on the Apala* 
chichola in December last, and the articles of clothing alluded to were 
purchased in New Orleans, in May and July preceding, as is fully 
proved by the letters of at vice and invoices comprised in exhibit No« 
3, to which I have referred above. God preserve you many years! 

Pemacola, May \8th> 1818. 

[Signed] B EN1GN0 GARCIA CALDERON . 

To Jose Masou 



[65] 



B3 



No. 1. I hereby certify, that on the 10th of February last, Isold 
to captain Don Benigno Garcia Calderon, commanding the grey 
and brown companies from Havana, two hundred and eighteen pair 
of French shoes, iron shod, for the use of the men belonging to the 
said companies; and at the request of the said officer, I have deliver- 
ed him the present certificate, dated at Pensacola, this 18th day of 
May, 1818. 

[Signed] HENRIQUE DE GRANDPRE. 



No. %. I hereby certify, that on the 12th of February last, I sold 
to captain Don Benigno Garcia Calderon, commanding the grey and 
brown companies from the Havana, nine dozen round negro hats, for 
the use of the men belonging to the said companies; and at the re- 
quest of the said officer, 1 have delivered him the present certificate, 
dated at Pensacola, this 18th day of May, 1818. 

[Signed] HENRIQUE MICHELET 



No. 3. New Orleans, 30th April, 1817. 

To Don Benigno Garcia Calderon, Pensacola. 

Enclosed you have an account of the cost and charges of fifty* 
four shirts and twenty-eight pair of shoes, for amount whereof youare 
debited in account fifty three dollars. Although I had no orders from 
you for the shirts, I was induced to purchase tnem by the low prices 
and the probability of your employing them to advantage. In the 
sack they are put up in> you will find a uniform coat which has been 
reformed here and can be set by the store keeper at twelve rials. I 
think it would answer. There are a hundred and twenty of them. I 
am offered by the same store-keeper fifty field tents, nearly new, at 
three dollars, and a parcel of strong leathern caps, such as worn by the 
chasseurs, that can be set at less than two rials, ol which there are 
about two hundred. The store keeper having made me a second of- 
fer of the shirts, I proposed to take them in barter for coffee, at ten or 
eight and a half; even at ten, I am persuaded it would be a good bar- 
gain, as it would give the opportunity of putting off the coffee, its in- 
ferior quality making it rather dull sale. The quality most called for 
is the green, which is much superior, and that hardly commands 
twenty dollars. The cost and charges of the said shipment of shirts, 
by schooner Maria, are carried to your debit in account current, viz. 
g 176 13. 



M [65] 

Account of costs and charges of sundries shipped on board the 
schooner Maria, captain Elberty, for account and risk of, and to be 
delivered to Don Benigno Garcia de Calderon, Pensacola, viz: 

C No. 1 1 Sack containing 28 pair Shoes, at 6rs §21 00 

2 1 Sack containing 54- Shirts, at 4rs 27 00 

1 Coat 1 50 

Sack, twine, & packing, 1 00 

$50 50 
Commission, 5 per cent. 2 50 

Amount to the debit of Don B. Garcia Calderon, g 53 00 



(Signed) PEDRO DALHARTE Y CLARERIA. 

New Orleans, May 1, 1817. 

Account of costs and charges of ten sacks, containing one hun- 
dred and thirty one coats, shipped on board the schooner Maria, 
captain Granperta, for the risk of Don Beningo Garcia Calderon, at 
IPensacola, and to be delivered to him there, viz: 

C No. 3 a 12 10 Sacks containing 131 Coats, at lOrs g 163 75 

Sacks, twine & packing, 4 00 

Sl67 75 
Commission, 5 per cent. 8 38 



Amount to the debit of Don Benigno Garcia Calderon, $ 176 13 

(Signed) PEDRO DALHARTE Y CLARERIA, 

New Orleans , May 29, 1817, 



New Orleans, July 29, 1817. 

fb Don Benigno Garcia de Calderon^ Pensacola, 

At the receipt of yours, the caps were already agreed for, with 
some other articles of clothing, amounting as per invoice annexed to, 
#317 16 1-4 to your debit in account. I suspended the purchase of 
the hats, which run from 8 to 10 dollars per dozen. 

Account of costs and charges of sundries, shipped in two hogs- 
heads, three barrels, two cases, and one sack, on board the schpoper 



[65] 85 

Jalouse, Jose Medina master, for account and risk of Don Benigno 
Garcia Calderon, at Pensacola, and to be delivered to him there, viz. 

25 Cotonade Pantaloons - - at 50rs - §12 50 

236 Flannel under Waistcoats - - 370 - • - 88 50 

253 Caps - « - 18-}- 47 48-J 

A parcel of leathern gaiters & spatterdashes * - 15 00 

20 Russia sheeting short Vest! 

51 Pantaloons , 5- 106 ps. ajl ^ 106 00 

35 Cotton Shirts J 

29 Ditto - <- - - - 75 - - 21 371 

At 

Cord, cooperage, &c. - - - - - 3 50 



&302 061 
Commission at 5 per cent. - » - - 15 10 



Amount to the debit of Don Benigno Garcia Calderon, $317 \$\ 



(Signed) PEDRO DALHARTE Y CLARERIA. 

New Orleans, July 29, 1817 

We, the subscribers, merchants of Pensacola, hereby certify, that 
the foregoing paragraphs of letters of advice and invoices, are true 
copies of the originals, exhibited to us by captain Don Benigno Gar- 
cia Calderon, commanding the Grey and Brown, companies from 
Havana; and that the signatures thereto subscribed, are in the true 
hand writing of Don Pedro Dalharte y Ciareria, a citizen of the 
United States, and merchant at New Orleans. In testimony where- 
of we have given the present certificate, at the request of the afore« 
said captain Calderon, at Pensacola, this 18th day of May, 1818. 

(Signed) HENRIQUE MICHELET, 

VICENTE DE ORDOZGOITTX, 
VTE. BASTLONGUE 



No. 32. c. 

[Translation.] 

Defence ofF. C. Luengo, Commandant of St, Marks. 

In replying to your letter of yesterday's date, in which, among 
other things connected with its subject, vou communicate to me the 
several points treated of by major general Jackson, in his letter of the 



86 £65} 

27th ultimo, and on which he founds his assertion, that the Indians 
not only received succours at Apalache, but that they were excited to 
commit 'hostilities against the forces of the United States, and of 
whose movements they were exactly informed, I have to express my 
utter astonishment at this business, in which imposture and malevo- 
lence have been equally employed, to criminate the parties alluded 
to in the general's letter. It is stated by the general, that from writ- 
ten and other proofs obtained at St. Johns, the number of American 
cattle found at St. Marks, and bought by the commissary there, and 
the constant intercourse kept up between that place and the hostile 
Indians, there appear sufficient grounds to believe, that they were en- 
couraged and excited to this savage warfare by the Spaniards- To 
this I have to reply, that it has never come to my knowledge, that 
any person belonging to the fort had any connexion, directly or indi- 
rectly, with St. Johns; and although it is true I wrote two letters to 
Mr. Arbuthnott, an English merchant, one of them was merely to 
thank him for the three letters he wrote me, informing me of the pro- 
ceedings of the insurgents at Amelia Island, and of captain Wood- 
bine, who, I informed you by express, was one of the two chiefs who 
were hung the day I left Apalache; and the purport of the other was, 
to request him to come or send immediately for the property which, 
at the request of the Indian chiefs, and to avoid increasing 
I gave permission to be deposited in the fort, and to withdraw — 
Kelagne, in whose custody that property was placed: and although, 
in taking this step, I ran the risk of incurring the resentment of both 
parties, yet it was one which did not seem likely to incur suspicion. 
Nor does the charge of a purchase of an extraordinary number of 
American cattle, alleged to have been made at St. Marks, authorize 
greater room for suspicion, since it is notorious, that from the time 
of its establishment, its supplies were obtained from the drovers of 
cattle brought there for sale by the Indians, who had very large ones 
towards Mikasuky and the neighboring country. It seldom happen- 
ed that we considered ourselves as fully supplied for several months 
together; and if the supplies were in fact derived from the plunder 
committed on the Americans, the sellers took good care to conceal 
that fact; as they were known to have droves, and were in the habit 
of bringing them for sale. It may be remarked, that very little care 
was manifested by the American commandant or magistrate, within 
whose district these excesses were committed, to be placed* in a situ- 
ation to complain of them to the commandant of St. Marks, and to 
send him the marks of the cattle, which would have shown from 
whence they came, and have tended to prevent the purchase of them. 
With respect to the intercourse kept up between the fort and the In- 
dians, complained of by general Jackson, and the excitement and en- 
couragement given them by the Spaniards to commit hostilities, the 
charge is altogether inadmissible. An intercourse and good under- 
standing with the Indians, was at all times strongly recommended by 
the government, and never were they more necessary than in the cir* 



[65] 



87 



cumstances in which we have lately been placed at the fort; general 
Jackson having founded on them a demand of its occupation by his 
troops, and suggesting that such a step could not fail to receive the 
approbation of his catholic majesty. In the same letter he stated, 
that he had been informed bv an Indian woman, a prisoner, that the 
hostile Indians and negroes had received considerable supplies of 
ammunition at the fort. I presumed that I had convinced him of 
the contrary in my answer, in which I represented to him, that no one 
better than Mr. William Hambly, who, during his stay here, repeat- 
edly interpreted to me the anxiety of the chiefs to obtain such sup- 
plies, could undeceive him on this point, as well as on that of the 
counsel I uniformly gave them, to avoid the destruction that awaited 
them, and which I foresaw from the first. But it appears he is not 
yet satisfied, and persists in his charge. A reference to the returns 
of the public storekeeper, will show that from the month of May last, 
and prior to the receipt of your orders, there had been issued to a 
few of the most noted chiefs, and that i^erely from motives of policy, 
only three pounds of powder, three pounds of ball, and fourteen flints. 
The interpreter, Juan Sandoval, and his son Francisco, through 
whom I communicated with the Indians, can testify to the truth of 
this statement; a step which I request of you to have taken, in sup- 
port of my refutation of general Jackson's charge. He cannot but 
know, that a short time before the negro fort on the Apalachicola was 
blown up, ail the chiefs of the neighboring tribes went there and sup- 
plied themselves with powder and ball, left tor them by the English; 
and that at Micka:>uky, and the huts thereabouts, there was a con- 
siderable quantity. Having thus obtained a large supply of the kind 
of powder and ball they most esteemed, they set little value on ours; 
which, in fact, they view with such indifference, that it is only a 
chance hunter among those who come to the fort with venison, wild 
fowl, &c. that is willing to use it; and although, as I formerly stated 
in an official communication; a supply was repeatedly demanded of 
me by the chief Kinache, with a view to prove, by the refusal of it, 
that the American interest prevailed in the fort, he did not succeed 
in it. In consequence, we, whom they considered as American par- 
tizans to the last, were reproached with it, and have even to put up 
with some impertinences from them. I shall however, in a strict 
adherence to truth, and because the circumstance may have given birth 
to these suspicions, proceed to state, that the chief PehVacho, who 
was executed, received, among other thing, at the fort, from Mr. Ar- 
buthnott, an English merchant, when he came from Savannah, to re- 
quest against the negroes, from whom he apprehended an attack, a 
small barrel of powder, which might contain from 20 to 25 lbs. and 
was placed, with other property, under the charge of O-Kelagne. 
What he did with it, I know not; but I well know, that the chief 
caused me extreme perplexity and vexation, by surrounding the fort 
with a body of four or five hundred Indians. 



88 [65] 

I never had an idea that he employed it against the Americans, 
but that he used it in the purchase of peltry, which he was collecting 
for the said Arbourknot, at the time of the arrival of the Americans. 
The charge alleged against the officers at St. Marks in exciting and 
stirring up the Indians, and in giving them information of the move- 
ments of the Americans, is the effect of a disordered imagination; for 
how or whence could their movements be better known at the fort 
than from the Indians themselves? Thither they came and went, and 
passed and repassed incessantly, and their reports were so various, 
that they deserved very little attention: as a proof of which, nothing 
certain was known of their operations, until the different columns of 
their troops appeared at the mouth of the Pinar, and although three 
of their boats were at anchor there for three or four days, they kept 
English colors flying until the day before the arrival of the army. 
My different communications to you are pledges that I took no part 
in the contest between the x\mericans and the Indians, I however 
had great cause of complaint against the latter. How then is it possi- 
ble to believe that I gave them that aid of which general Jackson 
complains, or how can the steps I took to liberate Messrs. Edmund 
Doyle and William Hambly, by which I exposed myself and my gar- 
rison to the vengeance of the Indians, be reconciled with the idea of 
affording them succor and aid, or the fact of rescuing from them, at 
the most critical moment, an American soldier, whom they would 
otherwise have put to death? I leave it to impartial observers to de- 
cide, if these be not proofs of the existence at St. Marks of a bias in 
favor of the American interest; and of this I trust general Jackson 
will be thoroughly convinced, on deliberately reflecting upon the sub«< 
iect. I shall not attempt to deny, that I have observed towards those 
"barbarians, a policy, which had the appearance of a warm friendship, 
but by which I have incurred a .considerable expense. If, however, 
my situation be attentively examined in its different points of view, it 
will be seen that all this was necessary, to restrain them from doing 
what they had at one time premeditated on the pretext I have just al- 
luded to; and on others suggested to them by some persons who had 
gone from hence to those parts of the country. Although I have, as I 
conceive, given entire satisfaction on all the points embraced by major 
general Jackson, I begleave to request, that for the purpose of corro- 
borating my statement you will be pleased to give orders for having 
the declarations taken of the interpreter and of his son, of the subal- 
tern Don Miguel Ordonez; of Don Anastasio Montes de Oca, the 
public storekeeper, and of surgeon Don Diego de Barrios, as the per- 
sons who have the necessary knowledge of the subjects in question. 
God preserve you many vears! 

[Signed] FRANCISCO CASO Y LUENGO. 

Pensacolct, \kth May, 1818. 

To Don Jose Masct, 

A true copy. 
[Signed] JOSE MASOT. 



[653 *9 

No. 33, 
tjfovernor Masot to General Jackson. 
(Translation,) 
Bon Jose Masot to the commander of the American troops,, 

Having received information that you have passed the frontiers 
with the troops under your command, and are now within the ter- 
ritory of this province of West Florida, which is under my govern- 
ment, I have solemnly to protest against this proceeding, as an of- 
fence against my sovereign, and I do exhort you, and require of you, 
forthwith to withdraw from the same; in default of which, and in case 
of a continuance of your aggression, I shall repel force by force. 

In this event the consequences will doubtless be the effusion of 
blood, and the interruption of the good understanding which has hi- 
therto subsisted between our two nations^ but as the party repelling 
an insult is never deemed the aggressor, you will be responsible be- 
fore God and men for all the fatal consequences which may ensue. 

God preserve you many years! 

[Signed] JOSE MASOT. 

Pensacofa) 23d May> 1818. 



No. $4. 

General Jackson to Governor Masot, 

Head Quarters, Division of the Souths 
On the line of march, May Q3d, 1818. 

The southern frontier of the United States has, for more than 
twelve months, been exposed to all the horrors of a cruel and savage 
war. A party of outlaws and refugees from the Creek nation; ne- 
groes who have fled from their masters, citizens of the United States, 
and sought an asylum in Florida; and the Seminole Indians inhabit- 
ing the territory of Spain* all uniting, have raised the tomahawk, and 
12 



90 £65] 

in the character of savage warfare, have neither regarded sex or age* 
helpless women have been massacred, and the cradle crimsoned 
with the blood of innocence. The United States, true to their own 
engagements, and confiding in the faith of Spain to enforce existing 
treaties, never entertained a doubt but that these atrocities would early 
attract the attention of the Spanish government, and that speedy and 
effectual measures would have been adopted for their suppression. 
Under this persuasion, a cordon of military posts were established, to 
give immediate protection to such of our frontier settlers as were pe- 
culiarly exposed, and strict injunctions issued to the American offi- 
cers to respect the territory of Spain, and not to attempt operations 
within its limits. These instructions were most scrupulously ob- 
served; and notwithstanding the inactivity of the American troops 
had encouraged the Indians to the more daring and outrageous acts 
of violence against our citizens, the government of the United 
States was still disposed to respect the territory of Spain, and confide 
in the ability of the Spanish government to execute existing treaties, 
until advised through you, that with every disposition, the Spanish 
authorities had not the power of controlling the Indians in Florida; 
that their acts of late were viewed as equally hostile to the interests 
of Spain as those of the United States; that Spanish subjects were 
not exempted from the evils of which we complained; and that the 
negro establishments in the Apaiachicola and St. Juan rivers, were 
founded by British agents, contrary to the will of Spain. These re- 
presentations determined the President of the United States to adopt 
effectual measures to restore tranquillity to the southern frontier of 
the American republic; and pursuant to his orders, justifiable by the 
immutable laws of self defence, I have penetrated into Florida, re^ 
duced to ashes the Seminole villages, destroyed their magazines of 
provisions, beaten their warriors whenever they hazarded a contest, 
dispersed some, and expelled others across the river. 

In the course of my operations, it became necessary to visit the 
Spanish fortress of St. Marks. Entering the territory of Spain to 
fight her battles, to relieve from bondage her subjects, and eo chas- 
tise an Indian tribe whom she acknowledged, under existing treaties, 
she was bound to preserve at peace with the United States, I had 
every reason to expect, that the American army would have been re- 
ceived as friends, and every facility afforded to insure success to 
operations so interesting to both governments, 

My expectations have not been realized. It had been reported 
to me direct from you, that fort St. Marks had been threatened by 
the Indians and negroes, and you expressed serious apprehensions, 
irom the weakness of the garrison and defenceless state of the work, 
for its safety. .From other sources to be relied on the same infor- 
matior had been furnished me. It, became necessary, therefore, to 
anti( ; :, ihe movements of the enemy, and amicably to get possess^ 
ft f a work, the dislodge g the enemy from which might have cost 
me much precious blood. On entering St. Maik9, evidence of the 



[65] 



91 



duplicity and unfriendly feelings of the commandant evinced itself, I 
found that the gates of his fort had been thrown open to the avowed 
savage enemies of the United States; that councils of war had 
been permitted to be held within his own quarters by the chiefs and 
warriors; that the Spanish store-houses had been appropriated to 
the use and were then filled with goods belonging to the hostile par* 
tyj that cattle knowingly plundered from the citizens of the Unit- 
ed States, had been contracted for and purchased by the officers of the 
garrison from the Spanish thieves; that foreign agents had free ac- 
cess within the walls of St. Marks, and a Mr. Arbuthaott, condemned 
and executed as the instigator of this war, an inmate in the com- 
mandant's family. 

From this fort was information afforded the enemy of the 
strength and movements of my army by the said Arbuthnott, the date 
of departure of express noted by the Spanish commissary, and ammu* 
nitions, munitions of war and all necessary supplies furnished. 

On my return from my operations east, your letter was received 
positively refusing to permit (unless exorbitant duties were paid) any 
provisions passing up to the American fort on the Escambia; con- 
nected with this strong indication of your unfriendly disposition on 
your part, I have, from the most unquestionable authority, that the city 
of Pensacola has for some months past been entirely under the con- 
trol of Indians;, that free ingress and egress is pe.mitted to the avow- 
ed savage enemies of the United States; that supplies of ammunition, 
munitions of war, and provisions have been received by them from 
whence; that on the 15th of April last, there was no less than 500 In- 
dians in Pensacola, many of them knov/n to be hostile to the United 
States, and who had but lately escaped my pursuit. The late massa- 
cre of 18 individuals on the federal road was committed by Indians 
direct from their return to Pensacola, who were receved by you and 
i ansported across the bay to elude the pursuit of the American 
troops. The Americans returning, the savages were permitted to 
return. An Indian wounded in pursuit by a party, for having killed 
a citizen of the United States, was openly, in the sight of many Amer- 
icans, received by you, and every comfort administered. Such prac- 
tice, if authorized by the king, would justify me in open hostilities. 
Disposed however to believe, that it was one of the unauthorized acts 
of agents, I deem it politic and necessary to occupy Pensacola, and 
the Barrancas, with an American garrison, until the Spanish govern- 
ment can be advised of the circumstance, and have force sufficient 
to maintain, and agents disposed to enforce, existing treaties. 

This is the third time the American troops have been compelled 
to enter Pensacola from the same causes. Twice had the enemy 
been expelled, and the place left in quiet possession of those who had 
permitted the irregular occupancy. This time it must be held until 
Spain has the power or will to maintain her neutrality. This is jus*, 
tifiable on the immutable principles of self defence. The govern- 
ment of the United States is bound to protect her citizens, but weak 



9£ [65] 

would be all her efforts and ineffectual the best advised measures, if 
the Floridas are to be free to every enemy, and on the pretext of poli- 
cy or necessity? Spanish fortresses are to opened to their use, and ev- 
ery aid and comfort afforded. I have been explicit, to preclude the ne- 
cesssity of a tedious negotiation. My resolution is fixed; and I have 
strength enough to enforce. My army now occupies the old fort St. 
Michael, commanding Pensacola. If the town andBarancas are peace- 
bly surrendered, an inventory of all the property, ammunition, arms, 
&c, shall be taken by officers appointed by both parties, and the 
amount receipted for by me, to be accounted for by the American 
government. The property of Spanish subjects shall be respected; 
their religion and laws guaranteed to them; the civil government 
permitted to remain as now established, .subject to the control of the 
military authority of the United States; the ingress and egre r , 
open to all individual, commerce free to the subjects of Spain as 
usual, and the military furnished with transportation to Cuba. 

If the peaceable surrender be refused, I shall en-er Pensacola 
by violence, and assume the government, until the transaction can be 
amicably adjusted by the two governments. The military in this 
case must be treated as prisoners of war. 

The proof supporting the accusation against your official station, 
will justify this procedure. 

In reply to your communication of the 22d instant, I have only 
to observe, that the cloathing detained will be a subject for future 
friendly settlement. 

How far the Indians permitted to remain in the neighborhood of 
Pensacola were friendly disposed to the citizens of the United States, 
is tested by the late massacre committed by them on the Alabama. 
The Red Ground chiefs, Muldecoxy and Holmes, avowedly hostile 
to the United States, were but lately seen in Pensacola; and a body 
of Indians descried, a few days since, in the vicinity of the Barran- 
cas, in presence of several Spanish officers. They have not deliv- 
ered themselves up, and these Red Sticks who have surrendered, 
were not advised to this measure by you, until intelligence of my 
movements had been received. 

By a reference to my communications of the 21st March, you 
will see how far I have been the aggressor in the measure protested 
against. 

You are there distinctly advised of the objects of my operations, 
and that every attempt on your part to succor the Indians, or to pre- 
vent the passage of my provisions in the Escambia, would be view- 
ed in no other light, than as hostile acts on your part. 

You have done both, and exposed my troops to the severest pri- 
vations by the detention ocsasioned in the exactions of duties on my 
provision vessels in Pensacola. You have, therefore, been the ag- 
gressor and the blood which may be shed by an useless resistance on. 
vcur part to my demand, will rest on your head. Before God and; 
man you vvill be responsible* 



[6 5 J 9$ 

Tftis will be handed to you by my aid-de-camtp, captain Gaels* 
den, by whom an answer is expected. 

[Signed] ANDREW JACKSON, 

Maj. Gen. Commanding* 
Don Jose MasoU 

Governor of Pensacola. 



Head Quarters^ Division of the South, 

Pensacola, May £&M, 1818. 
SIR, 

The enclosed communication, was forwarded to you by my aid« 
de-camp, captain Gadsden, last evening; not finding you however, in, 
Pensacola, its delivery was delayed. 

I have entered Pensacola to provision my troops. I have only 
to add, that an immediate compliance with my demand is expected*- 
Resistance on your part would be a needless sacrifice of men. 

[Signed] ANDREW JACKSON, 

Maj. Gen* Commanding^ 
Don Jose Masot, 

Governor of Pensacola, 

a} fort St. Charles? Barrancas 



No. 35, 



Gov* Masot to general Jackson; 
(Translation.) 
Don Jose Masot to major general Jasckson, 
Most Excellent Sir, 

Your two notes dated the 23d and on this day, were delivered to 
me at ten o'clock this morning, by your aid de camp, captain Gads. 



94 [65] 

den. Having, in mine'of the 18th instant, answered the former in * 
satisfactory manner, I shall only add, that as to what relates to the 
Indians, you have been much misinformed; the facts alluded to by 
you, being for the most part unfounded; in proof of which I have to 
state, that the only two Indians who have been here since the peace ne- 
gotiated by me, exclusive of the eighty seven sent off to maj Youngs, 
are the two who are in the jail with three women and children; and 
further, that long prior to your movements, I had sent orders to 
Apalaches, to prevent any succours being given to the Seminoles, and 
also given public notice to the same effect in Pensacola, where those 
Unfortunates had from time immemorial received regular supplies. 

Your excellency is disposed to lay to my charge, the blood which 
may be shed in consequence of my refusal to deliver up this province. 
A compliance with your demand would dishonor the close of my life > 
apd long military career; and I feel assured, that if placed in a simi- 
lar situation, your conduct would be the same, from your natural de- 
sire to preserve unsullied your well earned laurels. 

Whatever motives may be assigned, no nation is authorized in 
violating the territory of another, before due representations have 
been made to its government. 

Your excellency has violated the Spanish territory at Apalache v 
by seizing on that fort, and hoisting your flag; a proceeding in com- 
plete hostility with the good understanding subsisting between our 
respective: governments, 

On the 21st instant, by your excellency's orders, Don Pedro Phi- 
libert, with other inhabitants, were made prisoners on their parole of 
honor, and this day before captain Gadsden's arrival at Pensacola, 
your army advanced upon it and made prisoner, on his parole of 
honor, of Don Pedro de Alba, the interpreter, the same who translat- 
ed your two letters abovementioned. These persons, and other mili- 
tary men, whose presence was important to the tranquillity of the 
place, have thus been seized in an unjustifiable manner. 

These facts being established, I ask, who but your excellency 
will have to answer for the bloodshed which may ensue in conse- 
quence of the determination announced in your letter of taking pos- 
session of Pensacola and Barrancas? I protest before God and men, 
that my conduct is blameless, and that my sincere wishes ever have 
been to maintain peace and amity between our respective nations. 
The sincerity of my intentions is founded upon the President's mes- 
sage of 25th March last to Congress; the tenor of which holds out 
assurances, that no aggressions were to be expected from the troops 
of the United States. Unfortunately, however, their operations have 
violated the tranquillity and peace of the province. 

I expect, from the generosity of your excellency, that you will 
leave the officers and troops of the garrison of Pensacola at perfect 
fiijerty; that your army? after receiving the necessary supplies, will 



t<55] 95 

evacuate the province as speedily as possible; and that you will not 
carry on a partial warfare against "West Florida, at a time when our 
two nations are in a state of profound peace. 

Lieutenant colonel Don Leni Piernaa, provisional commandant 
of Pensacola, is duly authorized to represent me, and to receive any 
communications your excellency may be pleased to make. To all 
such, the most prompt answers shall be given, through the ministry 
of the bearer, the interpreter, Don Pedro de Alba. In conclusion, if 
contrary to my hopes, your excellency should persist in your intention 
to take possession of this fortress, I am resolved to repel force by 
force* and defend it to the last extremity. He who resists aggres* 
sion, can never be deemed the aggressor. God preserve your excel* 
lency many years! Fort St. Carlos, Barrancas, 24th May, 1S1&. 

(Signed) JOSE MASOT. 

His excellency Major General Andrew Jackson, 

Commanding the Jinny of the United States, 



No* 36, ; 

General Jackson to Governor MasoU 

Head Quarters 9 Division of the South, 

Pensacola, Jttay 25, 1818., 

SIR, 

The accusations against you are founded dn the most unques- 
tion evidence, I have the certificate of individuals, who on the 23d 
instant at or near the Little Bayou, counted 17 Indians in company 
of several Spanish officers. 1 have only to repeat that the Barancas 
must be occupied by an American garrison, and again to tender yoii 
the terms offered if amicably surrendered; resistance would be a 
wanton sacrifice of blood, for which you and your garrison will have 
to atone. You cannot expect to defend yourself successfully 9 and 
the first shot from your fort must draw down upon you ihe venge- 
ance of on irritated soldiery. I am well advised of your strengifu 
and cannot but remark on the inconsistency of presuming yourself 
capable of resisting an army which has conquered the Indian tribes, 
too strong, agresably to your own acknowledgement^ to be controui- 



96 [6 5 J 

ed by you. If the force which you are now disposed wantonly to 
sacrifice, had been wielded against the Seminoles, the American 
troops had never entered the Floridas. I applaud your feeling as a 
soldier, in wishing to defend your post; but where resistance is inef- 
fectual, and the opposing force overwhelming, the sacrifice of a 
few brave men, is an act of wantonness, for which the commanding 
officer must be accountable to his God. 

<Signed) ANDREW JACKSON, 

Maj. Gen. commanding 
Division of the South 

tlon Jtise Masot, commanding Barrancas, 



Certificates and Declarations,, 

No. 37. a. 

We certify, tfiat being in fort St. Marks, Barrancas, on the 28th 
of May, 1818, in the afternoon, soon after the American troops took 
possession of the work, and as the Spanish troops were marching out, 
we saw an Indian carried out by some of the Spanish soldiers. He 
was laid on the beach, to be put on board a boat. He was wounded 
in his leg or thigh, and had every appearance of having been engag- 
ed in the defence of the fort. 

(Signed) WILLIAM RUSSEL, 

Captain Spies, 

JAMES L. BELL, 
Capt. 1st RegH. I. T. M, G. M~ 

Witness, William S. Fulton, 

Private Secretary Commanding General. 



No. 37. b. 

1 certify, that on the 23d of May, being in the Baycu, which en- 
ters Pensacola Bay one and an half miles from the town, I saw at the 
ferry, on the road to Barrancas, a number of Indians, I think about 






[«] 



97 



17, in company with 4 Spanish officers. The officers were carried 
over, and the boat returned to ferry over the Indians. I saw one 
boat load landed on the side next the Barrancas. The Indians con- 
cealed themselves in the bushes on discovering us. 

(Signed) RICHARD BRICKHAM. 

Witness, Cross, lieutenant 1st infantry • 



I certify, that I was in the boat with Brickham, at the place and 
time mentioned in the above certificate, that I saw several Indians in 
company with four Spanish officers. The officers were ferried over 
with one Indian. I did not see the Indians ferried overj they con- 
cealed themselves on discovering us. 

his 
(Signed; JOHN H BONNER. 

mark. 

Witness, T. Cross, lieutenant 1st infantry. 

Witness to both certificates, 

WlXLIAM S. FULTCMT, 

Private Secretary Com'g. GerCL 



No. 37. c. 

Fort Montgomery % June 2, 181S» 

I certify, that between the 5th and 7th of May, 1818, whilst at 
Fort Gadsden, on the Appalachicola river, I was informed by a Mr. 
Larua and Benneto Gassea, both citizens of, and at that time direct 
from Pensacola, that at the time of their departure thence, there were 
500 Indians in and about Pensacola; and I further certify, that on my 
arrival at Pensacola, on the 23d of May, I was informed by Mr. Skeets 
and other citizens of that place, that on the 22d, which was the day 
before my arrival, Holmes, (a noted Red Stick) with his party, had 
left Pensacola to proceed to the Chocktawatchy for safety, having 
been for several days previous in town. All which I certify on honor* 

(Signed) WM. HAMBLY. 

Witness, Wiixiam S. Fulton, 
Private Sec'ry. Com'g* GenV* 
18 



98 [65] 



No. S7.d. 

Province of West Florida, Town of Pensacoia f 

September 18th, 1818, 

In pursuance with an order to me directed by colonel William 
King, civil and military governor of said province, (a copy whereof 
is hereto annexed) I caused to appear before me, at the quarters of 
captain Hugh Young, of the army of the United States, in this town-, 
the following persons, viz: Manl. Gonzales, Dr. Brosnaham, Wil- 
liam Cooper, J. Dauphin, — • Skeete, Felippe Prieto, Joachim Barre- 
las, P. Alba, jr. Jose Bonefai, (Marian) and Charles le Jean, to an^ 
swer on oath, such interrogatories, not tending to criminate them- 
selves, as might be propounded to them by captain Young, relating 
to the intercourse which took place between the late Spanish authori* 
ties of this province, and the hostile Indians, during the recent war 
with the United States. 

Joachim Barrelas being duly sworn, declares, that he has fre- 
quently seen parties of Indians in the town of Pensacola, since the 
month of November, 1817, says, that parties of Indians have been 
provisioned by the late authorities at this place on several occasions; 
has frequently heard, and believed that the Indians were in the habit 
of bringing into this place, horses, cattle, &c. for the purpose of sell- 
ing them and other plunder. Says he was at Barrancas at the time 
that general Jackson came to Pensacola, in May last; deponent acted 
there as commissary, and knows that several Indians went from town 
down to Barrancas with the Spanish forces and took refuge in the 
fort; that, at the same time, several small parties were encamped 
about the Barrancas; that upon the arrival of general Jackson before 
the Barrancas, Tapaulca and family were also in the fort; deponent 
has seen said chief several times in Pensacola, and believes him to be 
either a Creek or Seminole Indian; that while deponent was at Bar- 
rancas, and subsequently to the said month of November, 1817, he 
saw an Indian named Luna, an express from St. Marks, cross over 
from Santa Rosa island to Barrancas, with despatches for the gov- 
ernor here; says that since the said month of November 1817, gov- 
ernor Masot being himself at Barrancas, did order this deponent to 
give rations to several parties of Indians then there, of at least from 
thirty to forty strong, men, women, and children. 

(Signed) JOAQN. BARELES. 

George Skeate being duly sworn, declares, that he has constant- 
ly resided in the town of Pensacola since November 1817, since 
which he has repeatedly seen at different times, in said town, from 



[«] 



99 



thirty to forty Indians; has not seen any ammunition given to the In*. 
dians, within the period alluded to; has heard and believes that 
horses, cattle, &c. were brought into this place, by the Indians and 
sold, which deponent however did not see. Deponent believes that 
the late governor Masot was well acquainted with the several mur- 
ders that were committed on the neighboring American frontier; 
knows of no supplies furnished by order of the Spanish government, 
since about the month of March 1817, when a supply of knives, a 
a few blankets, and some copper kettles were furnished and deliver- 
ed to a party of Indians, for the purpose, as was then said, of acting 
against the insurgents, who were expected; that the said party of In- 
dians, shortly disappeared, and nothing more was heard of them, 
Deponent saw, on the day that major Youngs attacked a party of In- 
dians in the neighborhood of this town, a number of Indians whom 
he believes were sent (or went themselves) across the bay, in a boat 
belonging to Don Antonio Molina, captain of the port. 

(Signed) GEORGE SKEATE. 



Mr. Charles Le Jeune, being duly sworn, declares: 

That he has resided in Pensacola since November, 1817; since 
which he has frequently seen, in this town or its vicinity, parties of 
upwards of an hundred Indians encamped; that these parties were 
armed, either with rifles or with the arms that were furnished them 
by the English; that although he cannot state that those parties had 
received ammunition from the Spanish government here, he never- 
theless can and does state, that the said parties were provisioned from 
the king's stores, by Prieto, king's storekeeper; that previous to No- 
vember, 1817, the government was regularly in the habit of giving 
out ammunition to the Indians, from a store which was expressly for 
that purpose here; that on the day that major Youngs attacked the 
Indians near this town, there was a considerable number encamped 
near the water side, in town, who, upon hearing the report of fire 
arms, crossed the bay in their own boats, and in other larger boats s 
belonging to others. 



(Signed) CARLOS LAVALLE, 



William Cooper, being duly sworn , declares: 

That he has resided in Pensacola since November, 1817; during 
which period he has frequently seen in town and its vicinity, several 
parties of Indians; saw one in particular, with some sheet lead; and 
Has heard, that the Indians had introduced some clothes into town 



100 [65] 

that looked like American manufacture. States also, that Tapauica 
was Red Stick chief) and had been frequently about Peneacola for seve- 
ral years past. 

(Signed) WILLIAM COOPER 



Pensacola, September 19th, 1816. 

I certify, that the aforegoing depositions were sworn to and sub 
scribed, before me on this dav. 

(Signed) M. M'KENNEY, Sen. 

J. P. in and for town of Pensacola^ 
West Florida. 



(Copy.) 
No. 37. e. 

John Duffy being duly sworn, declares as follows. 

Question. Have you resided in and about Pensacola since Nov* 
1817? 

Answer. I have. 

Que tion. Have you seen in said town, or its vicinity, within or 
since that period any Indians? 

Answer. I have. 

Question. How many did you see at any particular time? 

Answer. About the latter end of that spring I saw in town from 
fifty or sixty Indians; but few of these were armed because they were 
prohibited from coming into town armed. I suppose their arms 
were left in their camps in the neighborhood. 

Question. How did these Indians subsist themselves, and how 
did they procure ammunition? 

Answer. Probably from the government here; of this however I 
am not certain. 

Question. Did you see any horses, cattle, or other plunder 
brought into this place by the Indians? 

Answer. No. 

Question. How many Indians were in Pensacola and its neigh- 
borhood at the time that major Youngs attacked a party near this 
tcwa„ ? 



[653 



Ml 



Answer, Of all descriptions, viz. men, women, and children, 
there must have been a considerable number, not less probably than 
one hundred and fifty or sixty. 

Question. When major Youngs attacked a party near town, how 
did those in town find means to escape across the bay? 

Answer. I have understood and believe that they were set across 
the bay by order of the governor. 

[Signed] SANTIAGO DAUPHIN. 

A true copy. U. K. Call, Jl. B. C. 



Joseph Bonefi being duly sworn, declares as follows, viz. 

Question. Have you lived in Pensacola since November, 1817? 

Answer. I have. 

Question. Have you not, between that period and the approach 
of the American forces under major general Jackson, repeatedly seen 
divers parties of hostile Indians in this town or its neighborhood? 

Answer. I have. Indeed between the said month of November 
and the time that the hostile party surrendered to major Youngs, 
there were or less in town, sometimes in numbers considerable, 

sometimes fewer. 

Question. How or by whom were those Indians subsisted, and 
from whom or by what means did they procure ammunition and 
other warlike stores or weapons? 

Answer. I have understood and do believe, that they were fed 
by the government here; as to ammunition, &c. I cannot state how 
they procured supplies, except it might have been from the stores 
about town. 

Question. Have you seen or been informed of any horses, cat- 
tle, or other plunder having been brought in here by the Indians 
within the time above alluded to? 

Answer* No. 

[Signed] JOSEPH BONIFAY. 

Pensacola. 

Both depositions sworn to and subscribed before me the 19th 
September, 1818. 

[Signed] M . M'KENNEY, Sen. 

J. P. in and for Pensacola W* Fkrida^ 

A true copy, £. K. Call, A> D. C» 



1Q2 [65] 

No. 37. /. 

Pierre Senac being solemnly sworn, declares as follows. 

That he has resided in the town of Pensacola constantly since 
rhe month of November last past; that since that time, and until the 
arrival of major Youngs near this town, there were always consider- 
able numbers of hostile Indians in or near the town; that on many oc- 
casions within that period, he has seen from one hundred and fifty 
to two hundred Indians here; that their forces were regularly provi- 
sioned from the king's store here; that he has seen large quantities of 
sheet lead in the possession of the Indians, and considers it as greatly re- 
sembling the lead aprons of cannon. That the government must have 
furnished the lead in question, as there were no other means here of 
getting such lead, and that the said lead was run off into balls, which 
this deponent saw. That on the day major Youngs attacked a party 
of Indians near this town, there was then in town a considerable 
number more who were set across the bay in boats provided for that 
purpose by the Spanish governor. 

Deponent further states, that about the first of March last past, 
three considerable parties of hostile Indians, one party under the com- 
mand of Leon Lesassier, another under the command of Arnaud Gil- 
mer, (both lieutenants, in his catholic majesty service) and the third 
commanded by an Indian chief, retired out of this town, and went 
down towards the neighborhood of Barancas, where provisions and 
ammunition were regularly supplied them by the Spanish govern- 
ment; that the said Indians were armed with guns which they had re- 
ceived from the English during the late war, and that they remained 
encamped within from one to three leagues of Barancas for the space 
of nearly a month; that these Indians, besides being armed with guns 
had also tomahawks which deponent understood and believes, were 
furnished by John Innirarity; and that when the government caused 
the said parties to be thus assembled and equipped, they were col- 
lected at Barancas, for the purpose as deponent conceives, to elude 
the vigilance of such individuals in Pensacola as would not concur in 
such measures. 

Deponent further states, that since the said month of November 
last past, he has seen brought in here by the Indians, a quantity of 
cottonade and women's clothing brought or said to have been brought 
from the American frontier; that these things were publicly sold in 
this town, notwithstanding it was notoriously known here, that those 
articles and property had just been taken from those whom the In- 
dians had killed on the American frontier. 

Attest (Signed) PIERRE SENAC. 

(Signed) J. P. ROBINSON, Interpreter. Pensacola. 

Sworn to and subscribed before me this 19th day of September? 
1818. 

(Signed) MILL. KINIEY, Sen. 

Justice of the Peace in and fir the town of Pensacola, W. F, 



[65] 103 



No. 37. g. 

Jose S. Caro, a citizen of Pensacola, being sworn, states, that 
early in the present year, 1818, a party of hostile Indians were in 
Pensacola, their numbers not known, but probably fifty; that on hear- 
ing of the approach of the American army under general Jackson, 
the governor of Pensacola furnished those Indians with provisions 
and ammunition, and sent them in public boats across the bay; the 
deponent saw the rations issued, and the party embarked. The de- 
ponent further states, that subsequent to this, he saw three parties of 
hostile Indians furnished with provisions, the ostensible object of 
which was to enable those Indians to march to the interior, and give 
themselves up, but it was very generally believed that those Indians 
had no such intention. The deponent saw those Indians set out and 
states that they had their arms. 

(Signed) JOSEPH ESTEYEN CARO. 

Sworn and subscribed before me at Pensacola, 10th September, 
1818 

(Signed) H.YOUNG, 

Cap. Top. Engs. 



No. 37. h. 

Charles Baron, a residentof Pensacola, being sworn, states: 
That about the latter end of April, or beginning of May, 1818, a party 
of Indians, amounting to near one hundred, were in Pensacola with a 
quantity of plunder, which, it was generally believed, was taken at 
the time Stokes' family was murdered on the Escambia. The In- 
dians sold this plunder openly to the inhabitants of Pensacola, and 
the deponent could not learn that the Spanish authorities at Pensa- 
cola made any inquiries respecting it. The deponent further states, 
that at several times in the present year, 1818, he saw parties of In- 
dians furnished with provisions and ammunition from the king's stores; 
but he does not recolloctthe dates of these transactions. The deponent 
further states* that he has frequently heard Spanish officers at Pensa- 



104 [65] 






cola, justify the conduct of the Indians towards the United States, 
manifesting, in their conversation, a decided hostility towards the 
Americans. 

CARLOS BARON. 

Sworn before me at Pensacola, September 13th, 1818o 
H. Young, Capu Top. Eng's. 



No. 38. 

General Jackson to the Secretary of War* 

Head Quarters, Division of the South, Fort Gad 
den, east bank of the JJppalachicola river 
formerly Negro Fort, March 25, 1818. 
SIR, 

At 7 o'clock P. M. on the 9th instant, I reached Fort Scott, with 
the brigade of Georgia militia, 900 bayonets strong, and some of the 
friendly Creeks, who had joined me on my march a few days before; 
where, finding but one quart of corn per man, and a ftw poor cattle. 
which, added to the live pork I brought along, would give us three 
days rations of meat, determined me at once to use this small sup- 
ply to the best advantage. Accordingly, having been advised by 
colonel Gibson, quartermaster general, that he would sail from New 
Orleans on the 12th February, with the supplies; and being also ad- 
vised, that two sloops with provisions were in the bay, and an officer 
had been despatched from Fort Scott, in a large keel boat, to bring up 
a part of their lading; and deeming that the preservation of those 
supplies would be to preserve the army, and enable me to prosecute 
the campaign; I assumed the command on the morning of the 10th, 
ordered the live stock slaughtered and issued to the troops, with one 
quart of corn to each man, and the line of march to be taken up at 
12 meridian. Having to cross the Flint river, and it being very high, 
combined with some neglect in returning the boats during a very 
dark night, I was unabie to move from the opposite bank until nine 
o'clock on the morning of the 11th, when I took up my line of march 
down the east bank of the river for this place, touching the river as 
often as practicable, looking for the provision boat which was ascend 
ing, and v ' :\ I was fortunate enough to meet on the 13th instant, 
when I ordered an extra ration to the trocps, they not having receiv* 



• 



[650 



105 



ed a full one of meal or flour since their arrival at Fort Early. On 
that day, my patroles captured three prisoners, and found some hid- 
den corn. On the morning of the 14th I ordered the boat down the 
river to this place, whilst I descended by land, and reached here 
without interruption on the morning of the 16th* The eligibility of 
this spot, as a depot, determined me, and I immediately directed my 
aid-de-camp, lieutenant Gadsden, of the engineer corps, to furnish a 
a plan for, and superintend the erection of a fortification. His talents 
and indefatigable zeal displayed in the execution of this order, in- 
duced me to name it Fort Gadsden, to which he is justly entitled. 

On my arrival here, 1 immediately despatched the boat to the 
bay for the balance of provisions known to be there, and to ascertain 
whether the flotilla, in charge of colonel Gibson, had reached there; 
and which returned on the 19th, with the unpleasing intelligence that 
nothing had been heard from the flotilla from New Orleans, since it 
was seen passing Fort Bowyer. I immediately put the troops on half 
rations, and pushed the completion of the fort for the protection of 
the provisions, in the event of their arrival, intending to march forth- 
with to the heart of the enemy, and endeavor to subsist upon him e 
In the mean time, I despatched major Fanning, of the corps of artil- 
lery, to take another look into the bay; whose return, on the morning 
of the 23d, brought the information that colonel Gibson, with one 
gunboat and three transports, and others in sight, were in the bay. 
On the same night, I received other information, that no more had 
arrived. I am, therefore, apprehensive that some of the smaller ves- 
sels have been lost, as one gunboat went to pieces, and another when 
last spoken had one foot water in her hold. All of the vessels had 
been spoken after a gale which dispersed them. A north and north 
west wind has prevailed for six days, but has fortunately changed this 
morning, I am now awaiting a boat from the bay, (which is expect- 
ed to-day) to complete eight days rations for my troops, upon which 
I mean to march. 

From information received from Pensacola and New Orleans, 
I have no doubt but that St. Marks is in possession of the Indians. 
The governor of Pensacola informed captain Call, of the 1st infantry, 
(now here) that the Indians had demanded arms, ammunition, and 
provisions, or the possession of the garrison of St. Marks of the com- 
mandant, and that he presumed possession would be given from in- 
ability to defend it. The Spanish government is bound by treaty to 
keep the Indians at peace with us; they have acknowledged their incom- 
petency to do this, and are consequently bound by the law of nature 
and nations, to yield us all facilities to reduce them. Under this con- 
sideration, should I be able, I will take possession of the garrison as 
a depot for my supplies, should it be found in the hands of the Span- 
ish garrison, they having supplied the Indians; but if in the hands of 
our enemy, I will possess it for the benefit of the United States, as a 
necessary position for me to hold, to give peace and security to this 
frontier, and put a final end to Indian warfare in the south. 
• 14 



106 [65] 

Finding it very difficult to supply fort Crawford, on the Conaco 
river, by land, I have ordered the supplies for that garrison, by water, 
and written to the governor, of Pensacola, that if he interrupts them 
during the present Indian war, I shall view it as aiding our enemy, 
and treat it as an act of hostility, and stated to him the propriety, 
under existing circumstances, of his affording all facilities to put 
down their own, as well as our enemies, and that our governments, 
whilst negotiating, can take this subject under consideration; but in 
the mran time, our provisions must pass to fort Crawford, without 
interruption. 

In mine of the 14th February from Hartford, I informed you 
of the measures adopted to procure supplies, and in my last of the 
26th from fort Early. I informed you of their situation. To those com- 
munications I beg leave to refer you. I have only to add, that I left 
fort Early for fort Scott, and subsisted my troops on ground pease, 
corn, and some pork, that I could occasionally procure from the In- 
dians, with some pork that I had on foot, the whole subsistence for 
man and horse, not costing five hundred dollars. Of all the supplies 
purchased for the relief of fort Scott, and the support of the Georgia 
militia, not one pound was received until I passed fort Scott I said 
in my last, that blame rested somewhere; the cause of those failures, 
will in due time, be a subject of investigation, and colonel Brearly 
has been arrested on the application of general Gaines. 

By some strange fatality, unaccountable to me, the Tennessee 
volunteers have not yet joined me. They promptly left their hornes, 
and through the inclement weather, reached fort Mitchell, where I 
had ordered them supplies, arid where colonel Hayne, who led them, 
met my instructions to pass by fort Gaines, where he would get a 
supply of corn, that would enable him to reach fort Scott; but the 
idea of starvation had stalked abroad; a panic appears to have spread 
itself every where, and he was told that they were starving at forts 
Gaines and Scott, and was induced to pass into Georgia for supplies. 
His men and officers, as reported to me, were willing to risk the 
worst of consequences, on what they had, to join me; however they 
have been marched from their supplies, to a country stripped of 
them, when every consideration should have induced his advisers 
to have urged hi .a on to secure the supplies in the bay, and preserv- 
ed themselves and fort Scott from starvation I have a hope that 
they will join me before I reach St. Marks, or the towns; 

this would be desirable, as the troops ordered from New Orleans to 
protect the supplies, have not reached the bay, and leaving garrisons 
at forts Scott and Gadsden, weakens my force much, the whole ef- 
fective strength of the regular, being but 560 privates. 

In mine of the 26th ult. from fort Early, informed you that des- 
patches received by general Gaines on the 19:h ultimo from the com- 
manding officer at fort Scott, induced him to set out that night for 
fort Sc< tt, <o prevent its abandonment, &c. In his passage down the 
Flint river, he was shipwrecked, by which he lost his assistant, adju- 



[65] 



107 



uint general, major C. Wright and two soldiers (drowned.) The 
general reached me six days after, nearly exhausted with hunger 
and cold, having lost his baggage and clothing, and being compelled 
to wander in the wood four and a half days without any thing to sub- 
sist on, or any clothing except a pair of pantaloons. I am happy to 
have it in my power to say that he is now with me at the head of his 
brigade in good health. 

The great scarcity of subaltern officers in the 4th and 7th regi- 
ments of infantry, has induced me to appoint several young men 
(present) as second lieutenants in those regiments,who, from person- 
al knowledge and good recommendations, I have no doubt will prove 
themselves worthy, and trust the measure will meet the approbation 
of the President. A list of their names and the regiments to which 
they are attached, will be furnished the adjutant and inspector gen- 
eral by my adjutant general. 

I have the honor to be, 

Very respectfully, 

Your most obedient servant, '* 



The Hon* Jno. C. Calhoun, 
Department of War, 



ANDREW JACKSON, 

Maj Gen Comdg e 



P. S. Since writing-trie above I have the pleasure to inform you 
that the boat from the bay, has asrived with provisions, also colonel 
Gibson and Capu M*Kever of the navy. I shall move to-morrow, 
having .made the necessary arrangements with captain M'Kever for 
his co-operation in transporting my supplies around to the bay of St. 
Marks from- which place I shall do myself the honor to communicate 
to you. Should our enemy attempt to escape with their supplies and 
booty to the small Islands, and from thence to carry on a predatory- 
warfare, the assistance of the navy will prevent his escape. Gen. Wra. 
M'Intosh, commanding the friendly Creeks, who had been ordered to 
reconnoitre the right bank of the Appalachicola, reported to me on 
the 19th instant, that he had captured, without the fire of a gun, one 
hundred and eighty women and children, and fifty three warriors of 
the Red Ground chief's party with their cattle and supplies; the 
chief and thirty warriors making their escape on horseback: ten of 
the warriors attempting their escape after they had surrendered,were 
fcilled by the general , 

A. ,T 



108 [65] 



No. 39. 
General Jackson to the Secretary of War. 

Head Quarters, Division of the South, 

Fort Montgomery, June 2, 1818*/ 
SIR, 

The Seminole war having terminated, I deem it politic and ad- 
visable, to send to Washington John Blunt and his Indian comrades, 
who have acted as pilots to me during the late campaign. John 
Blunt is a Tuckabatchee Indian, has long been friendly to the United 
States, and in consequence of his opposition to the Red Stick party, 
during the Creek war, has drawn down upon himself their vengeance 
during the late contest. His settlement being in an exposed situa- 
tion on the Appalachicola river, he was early attacked by the Semi- 
noles, his property destroyed, and his family rifled from him. Alone 
he escaped, and fled to Fort Scott, where, joining the American 
standard, he has proven himself a most zealous friend and faithful 
pilot to this period. Injustice to him, I am bound to state, that to 
his correct knowledge of the country, and zealous attachment to the 
cause in which we were engaged, am I measurably indebted for the 
success of the present campaign. 

Mr. Hambly accompanies John Blunt. Mr. R. is a Spanish sub- 
ject by birth, and has long been a resident as a trader on the Appa- 
lachicola river. In consequence of his attachment to the American 
cause, and his active exertions to check the hostile feelings of those 
Indians disposed to war against the United States, he drew down 
upon himself and family their vengeance. He was forcibly taken 
from his home, at an early period of the war; his property, goods, 
and negroes, taken from him, anc} he violently transported from Nu- 
kamky, Suwany, and St. Marks, until finally relieved by captain 
M'Kever, of the American navy. Since which period, he has been 
attached to my army, as Indian interpreter. You will find him an 
honest and faithful friend to our government, and valuable for the 
information which he can afford of Spanish policy and intrigue. He 
is well acquainted with all the transactions of foreign agents in this 
country, of their practices, &c. and how far encouraged by the Span 
ish authorities, &c. 

With respect, your obedient servant, 

ANDREW JACKSON, 
Maj\ Gen, Comdg* 
The Eon, J. C. Calhoun, Secretary of War. 



[65] 109 



No. 40. 

Gen. Jackson to the Secretary of War, 

Head Quarters Div. South, 
Camp near St. Marks, 8th April, 1818. 

SIR, 

I wrote you from Fort Gadsden, communicating the embar- 
rassments under which I had labored previous to my arrival at that 
post, and my determination, being then in a situation to commence 
active operations, to penetrate immediately into the centre of the 
Seminole towns. My army marched on the 26th ultimo, and on the 
1st of April was reinforced by the friendly Creek warriors undergen- 
eral M'Intosh, and a detachment of Tennessee volunteers command- 
ed by colonel Elliot. On the same day a mile and a half in advance 
of the Mekasukean villages, a small party of hostile Indians were 
discovered judiciously located on a point of land projecting into an 
extensive marshy pond; the position designated, as since understood, 
for the concentrating of the Negro and Indian forces to give us bat- 
tle. They maintained for a short period a spirited aitack from my 
advanced spy companies, but fled and dispersed in every direction 
upon coming in contact with my flank columns and discovering a 
movement to encircle them. The pursuit was continued through the 
Mekasukean towns, until night compelled me to encamp my army. 
The next day detachments were sent out in every direction to recon- 
noitre the country, secure all supplies found, and reduce to ashes the 
villages. This duty was executed to my satisfaction: nearly three 
hundred houses were consumed, and the greatest abundance of corn, 
cattle, &c. brought in. Every indication of hostile spirit was found 
in the habitations of the chiefs; in the council houses of Kenha- 
gee's town, the king of the Mekasukians, more than fifty fresh scalps 
were found; and in the centre of the public square, the old Red 
Stick's standard, a red pole, was erected crowned with scalps, recog- 
nized by the hair as torn from the heads of the unfortunate compan« 
ions of Scott. 

As I had reason to believe that a portion of the hostile Indians 
had fled to St. Marks, I directed my march towards that iortress. As 
advised I found that the Indians and Negroes combined had demand- 
ed the surrender of that work: the Spanish garrison was too w$afc 
to defend it, and there were circumstances reported, producing 
a strong conviction in my mind, that if not instigated by the Spanish 
authorities, the Indians had received the means of carrying on the 



11© £653 

war from that quarter. Foreign agents, who have been long prac- 
tising their intrigues and villanies in this country had free access into 
the camp. St. Marks was necessary as a depot to ensure success to 
my operations. These considerations determined me to occupy it 
with an American force: an inventory of the Spanish property, mu- 
nitions of war, &c. has been taken and receipted for, and the com- 
mandant and garrison furnished with transportation to Pensacola, 
My correspondence with the Spanish commandant, the evidences un- 
der which I acted, and a detailed account of my operations, will be fur* 
nished you as early as practicable. Success depends upon the rapidity 
«5f my movements, and to-morrow, I shall march for the Sewaney riv- 
er; the destroying the establishments on which, will in my opinion put 
a final close to this savage war. Captain M'Kever of the navy cruis- 
ing at my request on this coast has been fortunate enough in securing 
Francis or Hillis Hajo, the great prophet, and Homattlemico an 
old Red Stick. They visited his vessels under an impression they 
were English, from whom as they stated supplies of munitions of 
war, &c. under late promises were expected. Arbuthnott,a Scotch- 
man, and suspected as one of the instigators of this savage war, was 
found in St. Mark's. He is in confinement until evidences of his guilt 
can be collected. 

With respect, 

Your most obedient servant, 

ANDREW JACKSON. 

Major General commanding. 
The Hon. J. C. Calhoun, 
Secretary of war. 



No. 41. 



General Jackson to F. C. Luengo, 

Head Quarters, Division of the South, 

Before St. Marks, 6th April, 1818. 
SIR, 

To chastise a savage foe, who, combined with a lawless band of 
negro brigands, have for some time past, been carrying on a cruel 
and unprovoked war against the citizens of the United States, has 



[65] 



Ua 



compelled the President to direct me to march my army into Flori- 
da. I have penetrated to the Mickasuky towns, and reduced them to 
ashes. 

In these towns I found many indications of a hostile spirit. On 
a red pole, in the centre of the council houses of Kenhagee's town T 
more than fifty fresh scalps of all ages, from the infant to the aged 
matron, were found suspended. 

In addition to this, upwards of three hundred old scalps were 
found in the dwellings of the different chiefs settled on the Mick- 
asuky pond. Those barbarians, who escaped death, have fled* 
From information communicated by the governor of Pensacoia, 
to two of my captains, Gordon and Call, I was induced to believe 
that they had fled to St. Marks for protection. The governor 
stated that the Indians and negroes had demanded of you large 
supplies of munitions of war, with a threat, in the event of a refusal, 
of talcing possession of your fortress. He further expressed an ap- 
prehension, that from your defenceless state, they were already im 
possession of St, Marks. The wife of Chenubby, a noted chief, now 
a prisoner in my^camp, informed roe, that the hostile Indians and 
negroes, obtained their supply of ammunition from St. Marks. 

To prevent the recurrence of so gross a violation of neutrality, 
and to exclude our savage enemies from so strong a hold at St. 
Marks, I deemed it expedient to garrison that fortress with Ameri- 
can troops, until the close of the present war. This measure is justi- 
fiable on the immutable principle of self defence, and cannot but be 
satisfactory, under existing circumstances, to his catholic majesty, 
the king of Spain. Under existing treaties between our two govern- 
ments, the king of Spain is bound to preserve in peace, with the citi- 
zens of the United States, not only his own subjects, but all Indian 
tribes residing within his territory. When called upon to fulfill that 
part of the treaty, in relation to a savage tribe, who have long de- 
predated, with impunity, on the American frontier, incompetency is 
alleged, with an acknowledgement, that the same tribe have acted in 
open hostility to the laws, and invaded the rights of his catholic ma- 
jesty. As a mutual enemy, therefore, it is expected that every facil- 
ity will be afforded by the agents of the king of Spain, to chastise 
these lawless, and inhuman savages. In this light is the possession 
of St. Marks, by the American forces, to be viewed, 

I come not as the enemy, but as the friend of Spain. Spanish rights 
and property will be respected. The property and rights of Spanish 
subjects will be guaranteed thern. An inventory of all public property, 
munitions of war, Sic. shall be made out, and certified by an oificer, 
appointed by each of us, and a receipt given for the same, to be ae* 
counted for to his catholic majesty, by the United States. The sub- 
ject of my possession of the garrison of St. Marks, will be referred to 
our respective governments for amicable adjustment. Some armed 
vessels of the United States, are in the bay of St. Marks, with whom 
I wish to communicate. You will, I trust, furnish me with a small 
vessel to convey a letter, as well as some sick acd wounded, that are 



112 [65] 

with me. As our mutual savage enemies are concentrating their 4 
forces, near or on the Suwany, an early and prompt answer is re- 
quested to this letttr, with an English translation, as neither myself, 
or staff, are acquainted with the Spanish. 

This will be handed you by aid-de-camp lieutenant James Gads- 
den, by whom an answer is expected. 

I have, &c. 

ANDREW JACKSON, 

Maj. Gen, Commanding-. 
The commanding Officer at St. Maris. 



No. 42. 

(Translation.) 

F. C. Luengo to General Jackson, 

St. Marks o/Jpalache, 7th April 1818, 

Most Excellent Sir, 

Being made to understand, although with the greatest difficulty, 
the contents of the letter with which your excellency honored me 
yesterday evening, delivered to me by your aid-de-camp, James 
Gadsden, I will declare to your excellency the satisfaction the 
knowledge of your expedition against Mickasukey, has afforded me. 
That such would be the event could not be doubted, on considering 
the superior talents and skillful conduct of your excellency, and to 
these must be attributed the success, on which I tender you my most 
cordial congratulations. 

My chief, the governor of Pensacola, had, in truth, reason to 
mention to your captains Gordon and Call, what your excellency 
states to me, and to entertain fears for the fate of this fort, menaced 
by Indians and negroes, for some months past, and particularly, since 
they have been disappointed in their expectations of obtaining 
powder and ball, v/hich they have so repeatedly solicited, and to 
which they thought themselves entitled, from the practice, which 
existed, of supplying them annually therewith. This proves how en- 
tirelv unfounded is the assertion of the wife of the chief Chenubbee, 



[65] 



KliS 



that the Indians have been supplied with munitions in this fort, since 
I was advised, and I determined to maintain the most perfect neutral- 
ity. No one can better remove from your excellency's mind any un- 
favorable impressions, you may have formed on this subject, than the 
bearer William Hambly, as he has at various times interpreted to me 
the solicitations of the several Indian chiefs, in my neighborhood, 
and he can also inform you of the advice I always gave them to 
avoid the destruction which has overtaken them, and which I fore- 
saw from the beginning. 

This being realized, and there bwng now no motive to fear any 
insult to the fort from these barbarians and the negroes, I beg per* 
mission of your excellency to call your attention to the difficulty I 
should involve myself in with my government, if I were presently to 
assent to what your excellency proposes to me, to garrison this fort 
with the troops of the United States, without first receiving its or- 
ders. Such I will solicit immediately an opportunity offers, and I 
do not for a moment doubt that they will be given to mej so zealous 
is my government to comply with the stipulations between her and 
the United States. In the interim, I hope your excellency will desist 
from your intention, and be firmly persuaded of the good faith and 
harmony which will reign between this garrison, and whatever troops 
you may think fit to leave in th^s vicinity, who may assist me in the 
defence of this fort, on any unforeseen event. 

The sick your excellency sent in are lodged in the royal hospital, 
and 1 have afforded them every aid which circumstances admit, I 
hope your excellency will give me other opportunities of evincing the 
desire I have to satisfy you. I trust your excellency will pardon my 
not answering you as soon as requested, for reasons which have been 
given you by your aid-decamp. I do not accompany this with an 
Knglish translation, as your excellency desires, because there is no 
one in the fort capable thereof; but the beforenamed Wm. Hambly 
proposes to translate it to your excellency in the best manner he can. 

May our Lord preserve your excellency many years, such is my 
prayer. 

Most excellent sir, I kiss your excellency's hands. 

Your most devoted and obedient servant, 

FRANCISCO CASO LUENGO, 

The most excellent Andrew Jackson^ 

General in Chief of the troops of the 

United States, before St. Marks. 

15 



114 C65] 

No. 43. a. 

General Jackson to F. C. Luengo, 

Headquarters, Division of the South, 
Camp near St. Marks. 7th April. 181 &. 
SIR, 

I refer you to my communication of yesterday, for the mo- 
tives which have compelled me to occupy the fort of St. Marks. I 
again repeat, that I have entered the territory of Spain, as a friend, to 
chastise a mutual enemy of both nations and whom his catholic maj- 
esty was bound, under the most sacred of treaties, to have punished 
himself. Peculiar circumstances, however, have prevented, and it 
was therefore expected that every facility would have been given to 
the American arms, to have ensured success to their operations. 
The occupation of St. Marks is essential to the accomplishment of my 
campaign, and is peculiarly so at this period, when evidence is 
derived from every source, of the designs of the negroes and In- 
dians against that fortress. They are now concentrating with the 
intention of taking possession of St. Marks the moment my army 
moves from its vicinity; the dislodging them from which, will cost 
me more American blood, than lam disposed should be shed. Suc- 
cess to my operations requires despatch; you will excuse me, there- 
fore, in refusing your request, that a suspension should be granted 
until a permit is obtained from your government, and in insisting 
that St. Marks should be immediately occupied by American troops. 
Major Fanning, my inspector general and lieut. Simmons of the 
Ordnance Department, are appointed to act with one or two officers 
nominated on your part, to take an inventory of, and inspect all pub- 
lic property in the fort of St. Marks, for which receipts will be given 
in the name of the American government. 

Any disposition which you would wish made with the private 
property of yourself, officers, and soldiers, or any ot,her arrangements 
gratifying to yourself, will be settled by my aids de-camp lieuts. Gads- 
den, and Glassel. 

ANDREW JACKSON, 
Major Gen. Coming. 
Sen Francisco Caso Luengo, 
Commanding fort Marks. 



No. 43. h. 

General Jackson to F. C. Luengo, 

Head quarters, Division South, 
Camp near St. Marks, 7th April, 1818* 
SIR, 

I have received your protest against my proceedings. The 
occupancy of fort St. Marks by my troops, previous to your assistipg 



[65] 115 

to the, measure, became necessary from the difficulties thrown in the 
way of an amicable adjustment, notwithstanding my assurances that 
every arrangement should be made to your satisfaction and express- 
ing a wish that my movements against our common enemy should not 
be retarded by a tedious negotiation. I again repeat what has been 
reiterated to you through my aid- de camp lieut. Gadsden, that your 
personal rights and private property shall be respected, that your sit- 
uation shall be made as comfortable as practicable while compelled 
to remain in fort St. Marks, and that transports shall be furnished as 
soon as they can be obtained to convey yourself* Family, and com* 
mand to Pensacola. 

I daily expect some vessels from the bay of Appalachicola: as 
soon as they arrive, the most suitable shall be selected for said pur- 
pose. 



Don Francisco Caso Luengo, 
Governor of St, Marks, 



ANDREW JACKSON, 

Major Gen. Commanding, 



No. 44. 

F. C.'Luengo to General Jackson. 

[Translated copy.] 

Jlpalache, 7 th April, 1818c 

•Most Excellent Sir 9 

I should insist on what I stated to your excellency in my letter 
of this morning, as to the necessity of awaiting orders from the go- 
vernor of Pensacola, for the delivery of the fort under my commancj, 
were I not, in addition to what your excellency says in your answer^ 
threatened by your aid de-camp, and the other officers appointed to 
negotiate on the subject, and had not so large a body of troops entered, 
without awaiting my permission, and taken possession of all the stores 
and posts, lowering the Spanish flag, and hoisting the American. 
So manifest a violation of the territory of his catholic majesty, obliges 
me to complain of it> and to protest against it, and I accordingly do 
protest against it, and beg of your excellency to provide, as speedily 
as possible, the vessels necessary to transport me to Pensacola, to- 



116 [65] 






getber with the troops, and those persons who are in the royal em- 
ploy; and also, to give orders, that, in the interim, the private pro- 
perty and effects of every Spanish individual here be respected. With 
respect to the public property of his catholic majesty, I have nomi- 
nated the subaltern of the detachment, and commissary of the fort, 
to make, with three officers whom you name to me, an inventory 
thereof. 

I repeat to your excellency my respects, and prayers to God tc 
preserve your life many years. 

Most excellent sir, I kiss your excellency's hands. 

Your most obecfient and devoted servant, 

FRANCISCO CASO Y LUENGO. 

The most excellent Andrew Jackson, 

General of the troops of the United Sidtes, 
before St, Marts. 



No. 45. 
W. Uamblys Certificate, 24,t h July, 1818. 

I do hereby certify, that during my long residence on the river 
Apalachicola. my knowledge of the Indian language, and my inti- 
mate acquaintance with the different chiefs,- gave me many opportu- 
nities of knowing through them the advice given them, from time to 
time, by the governors of West Florida, hostile to the United States, 
In the year 1812 or 1813, I saw a letter from the governor of Pensa- 
cola to the late chief of the Seminoles, Thomas Ferryman, advising 
him to collect his forces and join his upper town brethren, whom he 
said, had come to a determination to rise in arms and shake off the 
American yoke; he would supply their arms and ammunition; and 
he said he was sure that in less than a month, their fathers and protectors 
the Spaniards would have a sufficient army in the field to aid and protect 
them. Not long after I saw this letter, a large party of Indians went 
down to Fensacola, where they received a large supply of ammunition^ 
and some arms. It was but shortly after this, when they attacked and 
destroyed the garrison of fort Mims; this was the commencement of 
the first Indian war; on the 13th of December last, when on my plan- 



[65] 



117 



tation on the Apalachicola, I was made a prisoner of By a party of Se= 
minole Indians, and was taken up to the Ocheehee Bluffs, in company 
with Mr. Doyle, who was made a prisoner of with me; they kept us 
here three days, during which time they were busily engaged with 
some transports which were then ascending the river to fort Scott; 
from thence they took us to the Mekasukee, where the Indians in- 
formed me that they had been told by the commandant of St. Marks, 
that war was declared between Spain and the United States. From 
this place we were carried to the Suwanee, when Kenhagee, princi- 
pal chief of the Seminoles, told me that we had been taken and rob- 
bed by order of Arbuthnott, and brought there to be tried by him; 
shortly after we reached this, Arbuthnott arrived from Providence, 
when we were tried and sentenced by said Arbuthnott to be tortured; 
this sentence was not put in execution by the friendly interference of 
Mr. Cook, clerk to Arbuthnott, and the negro chief Nero; we were 
then conducted hack to the Mekasukee; then Kenhagee went down to 
the fort St Marks, to consult the commandant if he would take us 
as prisoners to keep at his order; they held' a council among the 
neighboring chiefs, and on the fifth day he returned and ordered us 
to be conducted down, next morning; we arrived at St. Marks, on 
the 12th of February, at night; the Spanish officers received us kind« 
ly ? but the commandant did not forget to remind us that we were 
still prisoners, and marked out that night the limits of our prison, he 
rigidly kept during the time of our stay. Next morning, the first 
thing that presented itself to my view, was my saddle-horse, which 
had been taken from me by the Indians; he was in the possession of 
the commissary, I mentioned it to the commandant, but he saki that 
he bought him of an Indian, and he could do nothing in it. A IV w days 
after, in the course of conversation, I mentioned it to the Spanish 
doctor; he assured me that two-thirds of the property taken from us 
by the Indians, had been bought by them and others in the fort. The, 
plundered property from Georgia was every day briskly bought by the 
commandant and others. I know one instance of an Indian making 
an engagement with the commandant for cattle that he was going then 
to plunder, and in 14 or 15 days brought them in and sold them. On 
our first arrival at St. Marks, we had, by help of a friendly Indian, 
conveyed intelligence to our friends in Pensacola of our situation; and 
they sent us on a small vessel to effect our escape; at her arrival, the 
commandant said to us that he had no dejection to our getting out of 
the power of the Indians but that he should first demand a written 
obligation that we should never return to that country, nor hold no 
communication, direct or indirectly, with the XL S. government, or 
any of her officers; this being settled, we left St. Marks, on the night 
of the 28th March, and joined captain M'Kcever in his gun boats, 
in the bay of Apalachicola; on the 30th returned with hm to St 
Marks, where we found generaiJackson, on the 6th of April. Given 
under my ha ad the 24th July. 

[Signed] WILLIAM HAMJBLY* 



118 [65] 

No» 46. a. 

W. Hambly andE. Doyle to General Jackson, 

Fort Gadsden, 2d May > 1818* 

SIR, 

We beg leave to submit to you the following facts: 
On the 13th December, 1817. we were violently torn from our 
settlement, on the Apaiachicoia river, by a number of Indians, head- 
ed by Chenubby, a chief of the Fowl Town tribe, carried to Micka- 
suky, and delivered to Kenagee,King of the Mecasukians. Kenagee 
carried us to the Negro Towns, on the Sewaney, and thence to the 
Spanish fort St. Marks, to the commandant of which, he delivered 
us as prisoners of war, captured under the orders of a Mr. Arbuth- 
nott, reported to us a British agent. At St. Marks, we were treated 
as prisoners, and not permitted to wander beyond the walls of the 
garrison. While at that post, the ingress and egress of Indians, hos- 
tile to the United States, was unrestrained, and several councils were 
held, at one of which, Kenagee, king of the Mickasukians, Francis 
or Hillis Hojo, Hamathlenvco, the chief of the Autesses, and the 
chief of Kolemies, all of the old Red Stick party, and Jack Mealy, chief 
of the Ochewas, were present; when it was reported, that these chiefs 
and their warriors, were entering fort St. Marks, for the purpose of 
holding a council, Hambly represented to the commandant, the im- 
propriety of permitting such proceedings within the walls of a Spanish 
fortress, the officer of which was bound to preserve, and enforce the 
treaties existing between the king of Spain and the United States; he 
replied to Hambly with some degree of warmth, observing that it 
was not in his power to prevent it. On the Indians coming into the 
fort, at their request, we were confined. The council was held in 
the commandant's quarters. He, the commandant, was present; but 
strictly forbade the intrusion of any of the officers of the garrison. 
The Indians were in the habit of driving to fort St. Marks; and dis- 
posing of cattle to the commandant and other Spanish officers. While 
at that post, three or four droves were brought in, acknowledged by 
the Indians, to have been stolen from the citizens of the United 
States, and purchased by the Spanish officers. We were present at 
most of these contracts, and Hambly often referred to, as an interpre- 
ter between the purchaser and seller. Chenubby, a Fowl Town In- 
dian, once applied to Hambly to mention to the commandant, that he 
was about visiting the frontiers of Georgia, on a plundering expedi- 
tion v and wished to know whether he would purchase the cattle brought 
in. A contract was entered into, and Chenubby, some time after, 
brought in t and disposed of eleven head of cattle, to the Spanish com- 
mandant of fort St. Marks. These same cattle were those purchas- 
ed by you, from the commandant, as his private property. 

(Signed) WILLIAM HAMBLY, 

EDWARD DOYLE. 



[65] 



119 



No. 46. b* 

J. Gadsden to General Jackson, 

Fort Gadsden, May Sd, 1818. 
SIR, 

In conversation with the commandant of fort St. Marks, on the 
subject of having that work occupied by an iimerican garrison, I had 
occasion to notice the aid and comfort, that the hostile party of In- 
dians had received, as reported from him. That they had free access 
within the walls of his fort, and that it was well known, no small 
supplies of ammunition had been received from that quarter. In re- 
ply, he stated that his conduct had been governed by policy; the de- 
fenceless state of his work, and the weakness of his garrison, com- 
pelled him to conciliate the friendship of the Indians, to supply their 
wants, to grant what he had not the power to deny, and to throw 
open with apparent willingness, the gates of his fortress, lest they 
should be forced by violence; that he had been repeatedly threaten- 
ed by Indians and negroes, and that his security depended upon ex« 
hibiting an external friendship. After fort St. Marks was occupied 
by the American troops, a black man and Spanish soldier, was reported 
to me, as having been arrested, clad in American uniform, recog- 
nized as part of the clothing of the 4th and 7th regiments, captured 
in the boat commanded by lieutenant Scott, in ascending the Apa- 
lachicola river. 

In explanation the Spanish commandant observed, that his 
soldiers, and the Seminole Indians, were in the habit of trading with 
each other, and that this negro, with others of his garrison, had re- 
ceived his permission to purchase some clothing, reported to have 
been brought in by the Indians. 

Respectfully your obedient servant, 

(Signed) JAMES GADSDEN, 

Aid-decamp. 
Major General JL. Jackson, 

Commanding Southern Division U. S, Army* 



No. 46. c. 

Major Twiggs to General Jackson, 

Fort Gadsden, 3d May, 1818* 
SIR, 

After the occupancy of Fort St. Marks with American troops, 
on the 7th April last, it became my duty to take charge of some goods 
found in one of the public stores. 



120 [65] 

^These goods were pointed out by the Spanish commandant, who, 
through Mr. Hambly as interpreter, separated several of the articles 
claimed as his own private property, and designated others as the 
property of Francis, or Hillis Hajo, and Arbuthnott, a British agent, 
or trader. An inventory of these were taken, and deposited with the 
American officer left in command of Fort St. Marks. 

With respect, &c. 

(Signed) D. E. TWIGGS, 

Brevet Major 7th Infantry, 



I certify, that I acted as interpreter in the transaction above al- 
luded to, and that two separate parcels of goods were designated by 
the Spanish commandant of St. Marks, as belonging to Hillis Hajo, 
and Arbuthnott, 

(Signed) WM. HAMBLT. 






No. 46, d. 

J. JR. JSrooks and P. Cone to General Jackson, 

We, the undersigned, do hereby certify, that at the capture of 
Fort St. Marks, East Florida, by major general A. Jackson, on the 
7th April, 1818, there were some cattle purchased on account of the 
United States, and turned over to us, which we are of an opinion had 
been driven from the frontiers of Georgia; (a part of them at least;) 
and we were strengthened in our opinion, by a number of officers and 
men from Georgia, offering to swear to a number of them, as the pro- 
perty of their neighbors and friends. 

Given under our hands at Fort Gadsden, 
this 3d May, 1818. 

(Signed) JACOB R. BROOKS, 

Acting contractor's agent XJ, S. army. 
PETER CONE, 

Assistant Commissary, 



No. 46. <% 
A. F. Fraser and I). F. Sullivan to General Jackson, 

We, the undersigned, officers and men of the Georgia militia, in 
the service of the United States, do hereby certify, that we were at 
fort St. Marks, East Florida, at the time of its capture by major ge- 
neral Andrew Jackson, on the 7th April, 1818, and saw some cattle 
that were purchased on account of the United States, from the Span- 
ish authorities, which we were ready to swear to, as the property of 
dur lriends and neighbors in Georgia. 

Given under our hands at Fort Gadsden, this 3d May, 18f8 B 

[Signed] ANDREW F. FRASER, Captain. 

DANIEL F. SULLIVAN, G. M. &. 



No. 47. a. 

A. Jlrbuthnott to Lieut. Col. Nicholls. 

Nassaiiy JV. P. August 26th, 1817. 

SIR, 

I am especially authorized to address you, by the chiefs of the 
Creek nation, whose names 1 affix to the present. 

They desire it to be made known, that they have implicitly fol- 
lowed our advice, in living friendly with the Americans, who were 
their neighbors, and nowise attempted to molest them, though they 
have seen the Americans encroach on their territory, burning their 
towns, and making fields where their houses stood; rather than make 
resistance, they have retired lower on the peninsula. The town of 
Ecan Hailoway, on the Chanahouche, where Otos Mico was chief, 
is the instance of the encroachments of the Americans. This town 
is situated under the guns of fort Gaines, and Mico was desired to 
submit to the Americans, or his town would be blown to atoms; rather 
than do this, he retired, is now living in the lower nation, and his 
fields, where the town stood, are ploughed up by the Americans- 
16 



122 [6 5 J 

They complain of the English government neglecting them, after hav- 
ing drawn them into a war with America; that the promise made 
them of sending people to reside among them, has not been kept; and 
if thev have not some person or persons to reside in the nation, to 
watch over their interests, they will soon be driven to the extremity 
of the peninsula. You left Mr. Hambly, to watch over the interests 
of the Creek nation, but you had hardly left the nation, when he turn- 
ed traitor, and was led by Forbes to take the part of the Americans: his 
letter [No. 47. £.] to me. of which I annex you a copy, will show you 
what lengths he would go, if he had the means. It is Hambly and Doyle, 
who gave the Indians all the trouble they experience; they send their 
emissaries among the Lower Creeks, and make them believe the 
Coubittes, aided by the Americans, are coming down on them; they 
send to the Coubittes, and report the Lower nation is arming against 
them; thus, both are put in fear, and their fields are neglected, and 
hunting is not thought of. I have endeavored to do away this fear, 
by writing to the chiefs of Coubitta town, that they ought to live on 
friendly terms with their brethren of the lower nation, whose wish it 
was to be on good terms with them, and not to listen to any bad talks, 
but to chase those that give them from among them. My letter was 
answered by them rather favorably; and I hope the talk that was sent 
to the Big Warrior, last June, will heal the differences between them. 

Hidlis Adjo, arrived in my schooner at Okabokue sound, last 
June, and was well received by all the chiefs, and others, who came 
to welcome him home. In consequence of his arrival, a talk was 
held, the substance of which 1 put on paper for them, and it was sent, 
with a pipe of peace, to the other nations. 

Hidlis Adjo, wished to return to Nassau with me, but I prevailed 
on him to stay with the nation, and keep them all at peace. 

I am desired to return Hidiis Adjo's warmest acknowledgment 
for the very handsome manner in which you treated him in England, 
and he begs his prayers may be laid at the foot of his royal highness 
the prince regent. I left him, and all his family well, on the 20th of 
June. 

Old Cappachimico, desired me to send you his best respects, and 
requests you will send him out some people to live acuong them, and 
all the land they took from Forbes shall be theirs; at all events, they 
must have an agent among them* to see that the Americans adhere to 
the treaty, and permit them to live unmolested on their own land. 
This agent should be authorized by his majesty's government, or he 
will not be attended to by the Americans. 

In the Gazette of Georgia, the Americans report the Seminole 
Indians are continually committing murders on their borders, and 
making incursions into the state. These are publications tending to 
irritate the American government against the poor Indians; for, dur- 
ing the time I was in the nation, there was only one American killed; 
and he, with two others, was in the act of driving off cattle belonging 
to Boleck, chief of Sahawee; whereas, three men and a boy were 



[65] 



123* 



killed last June, by a party of cattle-stealers, while in their hunting 
camps; the boy they scalped; and one of Boleck's head men was kill- 
ed on St. John's river, in July. The backwoods Georgians, and those 
resident on the borders of the Indian nation, are continually enuring 
it, and driving off cattle. They have, in some instances, made set- 
tlements, and particularly on the Choctohache river, where a consid- 
erable number have descended. 

By the treaty with Great Britain, the Americans were to give 
up to the Indians all the lands that may have been taken during the 
war, and place them on the same footing they were in 1811. It ap- 
pears that they have not done so; that Fort Gaines, on the Chatahou- 
chy river, and camp Crawford, on the Flint river, are both on Indian 
territory, that was not in possession of the Americans in 181 1. 

They are fearful, that, before any aid is given them by the En- 
glish government, they will no longer be in possession of any territory. 
Jtwrote last January to his excellency the Hon. Charles Bagot, represent' 
ing the encroachments of the Americans, (as I was informed by the copy 
of a letter from the right Ron. Earl Bathurst, handed me by his excel- 
lency governor Cameron, that his majesty , s ambnssadors had recived 
orders to watch over the interests of the Indians, J Since my return here 
I have received from Mr. Moodie, of Charleston, an extract of a let- 
ter from the honorable Charles Bagot, that the expense of postage 
is so considerable, any further communications of the same nature* 
must be sent him by private hands; now, Sir, as no person goes direct 
from this to Washington, how am I to be able to comply with this de- 
sire? Thus he will be kept ignorant of the real situation of the poor 
Indians, and the encroachments made on their lands by American 
settlers, while we may be told by the American government, that no 
encroachments have been made, and that the forts they still hold, are 
necessary, to cheek the unruly Seminoles; thus, the persons appoint- 
ed to watch over the poor Indians, have no other means of informa- 
tion, than from the parties interested in their destruction, and from 
seeing from time to time, in the American states, accounts of cruel 
murders, &c. committed by the Indians on the frontier settlers of the 
United States, he apprehends the Indians merit all the Americans do 
to them. But let his majesty's government appoint an agent with 
full powers; and to correspond with his majesty's ambassador, at 
"Washington, and his eyes will then be open, as to the motives that 
influence American individuals, as well as the government, in vilify- 
ing the Indians. 

The powers given me, and the instructions, were to memorial 
his majesty's government as well as thegovernor general of Havana; 
and I fear that a memorial to the governor general would be of no 
use. Referring you to the enclosed, [No. 47. b.~\ 

I remain most respectfully, 

Your obedient servant, 
[Signed] A. ARBUTH1S OTT. 

To Lieut. Coh Nicholls. 



124 [65] 



No. 47. b. 

W. Hambly to A. Arbuthnott* 

Extract of a letter, signed W. Hambly, received at Okolokue Sound, dated 

May, 1817. 
SIR, 

I am desired by the chiefs of the nation to request you will ex- 
tricate yourself from among a band of outlaws, among whom you now 
are, tor the arm of justice is lifted up against them, and it will, ere 
long, fall heavy upon them, you, and vour property. They say they 
would have no objection to your settling any way, the west of Apala- 
chicola river; but where you now are, you are among a set of cut- 
laws; they have lately committed twenty most cruel murders on wo-« 
men and children, on the frontiers of the United States, and stolen 
100 horses, and they say it is by your desire. 

[Signed] W. HAMBLY. 

Spanish Bluff, Msy 10th, 1317. 



No. 47. c. 



Signatures of the Chiefs of the Creek nation, to a power given to A. 
Arbuthnott 9 dated the 17th June, 1817. 

Cappachimico, Inhimathluchy, 

Inhimathlo, Lahoe Himathlo, 

Charle Tustunaky, Homathle Micho, 

Otos Mico, Talmuches Hatcho, 

Ochacona Tustonaky, Hillisajo, 

Imathluche, Opoithlimico. 

Interpreter, PETER SHUGERT. 

Approved of by 

F. C. LUENGO, 

Commandant of St. Marks. 



[«1 12a 

No. 48. 
Luengo to Arbuthnott. 

Apalachia, Z$th December > lSlf. 
Monsieur et Amy, 

Les affaires entre !es sauvages et les Americains et ant devenu 
de quelque consequence, et ne doutant que l'ovage viendra fraper par 
icy, je cregne pour vos petites objets; en consequence, je croi il est 
de vottre intere de ne pas diferer un moment les retirer d'icy. Se 
serai content de vous voir tant pour avoir le plaissir de vous embras- 
ser, comme pour causser un peu sur les affaires politiqu.es du jour, 
qu'il ne convienne dans les actueles circumstances les confie a la 
plumme, et en attendant cette satisfaction. 

Suis avec ma pettite famille, 

Monsieur, vottre tres affec'tte serv, et amy, 

FRANCO CASOY LUENGO 

Monsieur A. Arbourknott, 

JS*eg y t, Sawanna. 



Sir and Friend, 



(Translated copy.) 

Appalachicola, 25th December, 181 7. 



Affairs having assumed a serious aspect between the savages and 
the Americans, and not doubting that the storm will pass this way, I 
entertain apprehensions for the safety of your little objects, and be- 
lieve it to be your interest* not to lose a moment in removing them 
from hence. 

I shall be happy to see you, that I may have the pleasure of em- 
bracing you, and an opportunity of conversing with you on the poli- 
tics of the day, which, under existing circumstances, it is improper to 
commit to paper. In the expectation of this pleasure, I am, with 
my little family, 

Sir, your very affectionate servant and friend^ 

[Signed] FRANCO CASO Y LUENGO- 



i2.6 r 65 3 



No. 49. 

Minutes of the proceedings of a special court, organized agreeably to 
the following order, viz: 

Read Quarters, Division of the South, 
Adjt. gen's, office, fort St. Marks, 

April 26, 1818. 

GENERAL ORDER. 

The following detail will compose a special court, to convene 
at this post, at the hour of twelve, M. for the purpose of inves- 
tigating the charges exhibited against A. Arbuthnott, Robert Christy 
Armbrister, and such others, who are similarly situated, as may be 
brought before it. 

The court will record all the documents snd testimony in the 
several cases, and their opinion as to the guilt or innocence of the 
prisoners, and what punishment (it any) should be inflicted. 

DETAIL. 

Major general E. P. GAINES, President. 

Members. 

Colonel King, 4th infantry, 

Colonel Williamson, Tennessee volunteers, 

Lieut. Col. Gibson, Tennessee volunteers, 

Major Muhlenberg, 4th infantry, 

Major Montgomery, 7th infantry, 

Captain Vashon, 7th infantry, 

Colonel Dyer, Tennessee volunteers, 

Lieut. Col. Lindsay, corps artillery, 

Lieut. Col. Elliott, Tennessee volunteers, 

Major Fanning, corps artillery, 

Major Minton, Georgia militia, 

Captain Crittenden, Kentucky volunteers. 

Lieutenant J. M. Glassel, 4th infantry, Recorder. 

An orderly will be detailed from Gen. Gaines' brigade, and the 
court will sit without regard to hours. 

By order of major general Jackson, 

(Signed) ROBERT BUTLER, 

Adjutant General* 



[65] 127 



Fort St. Marks., April 26. 1818. 

The court convened, pursuant to the foregoing order, when, be- 
ing duly sworn in the presence of the prisoner, and he being asked if 
he had any objections to any member thereof, and replying in the ne- 
gative, the following charges and specifications were read, viz: 

Charges vs. A. Arbuthnott, now in custody, and who says he is 
a British subject. 

Charge 1. Exciting and stirring up the Creek Indians to war 
against the Unit d States and her citizens, he, A. Arbuthnott, being a 
subject of Great Britain, with whom the United States are at peace. 

Specification. That the said A. Arbuthnott, between the months 
of May and July, or some time in June, 1817, wrote a letter to the 
Little Prince, exhorting and advising him not to comply with the 
treaty of fort Jackson, stating, that the citizens of the United States 
were infringing on the treaty of Ghent, as he believed, without 
the knowledge of the chief magistrate of the United States, and ad- 
vising the Upper and Lower Creeks to unite and be friendly, stating, 
that William Hambly was the cause of their disputes; also, advising 
the Little Prince, to write to the Governor of New Providence, who 
would write to his royal highness, the Prince Regent, through whom 
the United States would be called to a compliance with the treaty of 
Ghent, and advising them not t® give up their lands, under the trea- 
ty of Fort Jackson, for that the American citizens would be compel- 
led to give up to them, ail their lands, under the treaty of Ghent. 

Charge 2. Acting as a spy, and aiding, abetting, and comforting 
the enemy, supplying them with the means of war. 

Specification 1. In writing a letter from St. Marks, fort, dated 
April 2, 1818, to his son, John, at Suwany, (marked A) detailing the 
advance of the army, under general Jackson, stating their force, pro- 
bable movements and intentions, to be communicated to Bowlegs, 
the chief of the Suwany towns, for his government. 

Specification 2. In writing the letters, (marked B) without date; 
and (C) with enclosures, January 27, 1818; and (D) called " a note of 
Indian talks;" and (E) without date, applying to the British govern- 
ment, through governor Cameron, for munitions of war and assist- 
ance for our enemies: making false representations, and also, apply- 
ing to Mr. Bagot, British ambassador, for his interference, with a 
statement on the back of one of the letters, of munitions of war, for 
t|ie enemy. 

Charge 3. Exciting the Indians to murder and destroy William 
Hambly and Edmund Doyle, and causing their arrest, with a view to 
their condemnation to death, and the seizure of their property, on ac- 
count of their active and zealou- exertions to maintain peace between 
>ain, the United States, and Indians, they being citizens of the 
Spanish government. 



Ration U g ^^^^^1^^ 
26, 1817; (G) dated .May 18, ^'J^^us charges, and using- 
death, alleging against them «£»"?£ arrest , aU whic h writings 

every means » *» P™« 'X£nde«y » excke ' thc Ind,anS ^ 

Bv order of the court, 

J. M. GLASSELL, 

Recorder. 

To which charges and specifications, the prisoner pleaded M , 

f"si p-- *** ^sss sssss *s*£ 

ed him, when the court proceeded to ^am ecutioo> bem £ 

John Winslett, a w.tness on the part or v prince 

duly sworn, stated, ^Tm^S advSng the upper part 
received a letter, s.gnedby a M • Art « t aralt y , and stating that the 
of the nation to unite with the lower che in am £ . ^^ ^ 

best mode for them to f P°* ses V^™^ se nd on their complaints to 
toW ritetohim,,CArhuthnott)andhe would sen ^^^ w h 

the governor ot Providence whence *^ t£rms of he treaty f 
Britannic majesty, and he would .n ( the encroac h- 
Ghent attended to; he moreover, «W«" , » ° he p resid ent of the 
m ents on the Indian lands, were unknown „ «, ^ ^ ^ 

United States. The w^-^f ^Sfarnd to in the fat s P e- 

-T^tr^^^^^ 

of the letter alluded to, to bevthat the B'.«*Mf iands ^ m 

cation, would cau.e to be resto-d £ th f 

IStl, agreeably to the terms ottne treaty Prin ce, or is he 

Question bv the Prisons.. V no 
kn ° W A„'i:/' telstnTwnbv the name of Tustenukee Hopoie, and 

in wh^se posses,^ ^ .. ^ ^^ rf Ae liule pr i,,e, when 

1 laSt 4-Uon by the Prisoner. Has this Little Prince no other name 
than what you state? . 



\ns\ver. 1 clo not. n " <*- 17 . - 
read "do interpret for him, wh,ch 



[653 



m 



Question by the Prisoner. Are you certain that the letter stated 
that the chief magistrate of the United States could have had no 
knowledge of settlements made on Indian lands, or injuries commit- 
ted? 

Answer. The letter stated that to be the belief of the writer. 

John Lewis Phenix, a witness on the part of the prosecution, be- 
ing duly sworn, stated* with regard to the 1st specification of the 2d 
charge, that being at Suwany, in the town, about the 6th or 7th of 
April, he was awakened early in the morning by Mr. Armbrister'S 
receiving* by the hands of a negro, who got it from an Indian, a let- 
ter from St. Marks, at that time stated by Armbrister to be from the 
prisoner. 

Question by the Prisoner. Did you see that letter, or hear it 
read? 

Answer. I did see the paper, but did not hear it read. 

Question by the Prisoner. Did you state that the letter was re- 
ceived by an Indian express? 

Answer. So the black man that delivered it said. 

A question being raised by a me mber of the court as to their ju- 
risdiction on the 3d charge and its specification, the doors were clos- 
ed, and after mature deliberation, they decided that this court are 
incompetent to take cognizance of the offences alleged in that charge 
and specification. 

Peter B. Cook, a former clerk to the prisoner, and a witness on 
the part of the prosecution, being duly sworn, stated, that about De» 
cember or January last, the prisoner had a large quantity of powder 
and lead brought to Suwany in his vessel, which he sold to the Indians 
and negroes; that subsequent to that time, which he cannot recollect, 
Armbrister brought for the prisoner in his (the prisoner's) vessel, 
nine kegs of powder, and a large quantity of lead, which was taken 
possession of by the negroes. The witness also identified the letters 
referred to in the foregoing charges and specifications marked A. 
B. C. D. E F. G* and H., also, the power of attorney, No. 1, grant- 
ed by the Indians to A. Arbuthnott, being the prisoner's hand- 
writing. 

Question by the court. Have you at any time within the last 
twelve months, heard any conversation between the prisoner and 
the chief called Bolegs, relating to the war betwen the United States 
and the Seminoles? ' 

Answer. I heard the prisoner tell Bolegs, that he had sent 
letters to the prince regent, and expected soon to have an answer.— 
Some time afterwards, some of the negroes doubted his carrying 
those letters, when the prisoner stated that he had, but the distance 
being great, it would take some time to receive an answer. - 

By the court. State to the court, when, and wherey you first 
saw the letter signed A, Arbuthnott, dated April 2, 1818, referred to 
in the first specification, and the second charge? 

Answer. About the 6th of April, a black man who said he ha'd 
±7 



130 [65] 

received it from an Indian, gave it to Mr. Armbrisier, whom I saw 
reading it. 

Question by the court. Do you know by what means that let- 
ter was conveyed to Suwany? 

Answer. I understood by an Indian, who was sent from fort 
St. Marks. 

Question by the court. Who paid the Indian for carrying the 
letter, referred to in the last interrogatory? 

Answer. I do not know. 

Question by the court. What steps were taken by the negroes 
and Indians, on the receipt of the letter? 

Answer. They at first believed the bearer an enemy, and 
confined him, but learning the contrary began to prepare for the en- 
emy, and the removal of their families and effects across the river; 
the Indians lived on the opposite side. 

Question by the court. Did the Indians and negroes act togeth- 
er in the performance of military duty? 

Answer. No. But they always said they would fight together. 

Question by the court. Did not Nero command the blacks, and 
did not Bowlegs crown Nero, and was not the latter under the imme- 
diate command of Bowlegs? 

Answer. Nero commanded the blacks, and was owned and com- 
manded by Bowlegs} but there were some negro captains who obeyed 
none but Nero. 

Question by the court. What vessel brought to Suwany the am- 
munition, which you said was sold by the prisoner to the Indians and 
negroes? 

Answer. The schooner Chance, now lying at the wharf; she is a 
fore-topsail vesssel, belonging to the prisoner. 

The witness also identified the manuscript of the prisoner, in a 
paper granting him full power to act in all cases for the Indians, num- 
bered 1; and also a letter without signature, to the governor of St. Au- 
gustine, numbered 2; further, a letter without date to Mr. Mitchell, 
Indian agent, numbered 3; and an unsigned petition of the chiefs of 
the Lower Creek nation, to governor Cameron, praying his aid in 
men and munitions of war, numbered 4 — all of which the witness 
stated to be in the hand writing ol the prisoner. 

The court then adjourned, to meet to-morrow morning, at seven 
o'clock. 



Fort St. Marks, 27th April, 1818, 
The court convened pursuant to adjournment. Present, 

Major General E. P. GAINES, President. 

Members. 
Col. King, Lt. Col. Gibson, 

Col. Williamson, Maior Muhlenberg, 



[653 13i 

Major Montgomery, Lieut. Col. Elliott, 

Capt. Vashon, Major Fanning, 

Col. Dyer, Major Minton, 

Lieut. Col, Lindsay, Captain Crittenden. 

Lieutenant J. M. Glasseli., Recorder. 

When the further examination of the witness, Cook, took place, 
viz: 

Question by the prisoner. How long have you been acquainted 
with the settlement on the Sahwahnee? 

Answer. Between six and seven months. 

Question by the prisoner. For what term of years did you en- 
gage to live with the prisoner? 

Answer. For no stated period; I was taken by the year* 

Question . "Were you not discharged by the prisoner, from his 
employ? 

Answer. He told me he had no further for me, after I had 
written the letters to Providence. 

Question. Where did you stay after you were discharged? 

Answer. I staid in a small house belonging to a boy, called St* 
John, under the protection of Nero. 

Question. What was th«* subject matter of the letters you wrote 
to Providence? 

Answer. After being refused by the prisoner a small venture 
to Providence, 1 wrote to my friends for the means to trade by myself. 

Question. Do you believe the prisoner had knowledge of the 
venture being on board the schooner? 

Answer. I do not believe he did; it was small, and in my trunk. 

Question. Do you know that Armbrister was the agent of the 
prisoner? 

Answer. I do not. 

Question. Do you think that the powder and lead shipped, 
would more than supply the Indians and negro hunters? 

Answer. I did not see the powder and lead myself, but was 
told by Bowlegs that he had a great quantity; he had three kegs, keep- 
ing to fight with. 

Question. Did the Indians reside on the east side of the river? 

Answer. They did. 

Question. You were asked of the negroes and Indians, when 
the letter marked A was communicated, if they did not take up arms; 
had they received information of the defeat of the Indians at Micka- 
suky, prior to this date? 

Answer, It was afterwards, I believe, that they received the in- 
formation. 

Question. Did not Bowlegs keep other powder than that got 
from the prisoner? 

Answer. He had some he got from the Bluff, which was nearly 
done; he said his hunters were always bothering him about powder- 



132 [65] 

Question. Did you state that, at the time Armbrister ascended 
the river, there was no other vessel at the mouth of the river? 

Answer. There was none other there; there was one had sailed. 

Question. There is a letter A, spoken of, how do you know 
that the son of the prisoner had that letter in his possession? 

Answer. I saw him with it, which he dropped; and a boy called 
John, picked up and gave it to me. 

Question. You stated that the Indians and negroes doubted 
the fidelity of the prisoner., in sending letters to the prince regent; do 
you think that the prisoner would have been punished by them, had 
he not complied with their wishes? 

Answer. I do not know. 

Question. Do you believe that the prisoner was compelled to 
write the Indian communications? 

Answer. lie was not compelled. 

William Hambly, a witness on the part of the prosecution, being 
duly sworn, and commencing a statement of what he heard the chiefs 
say, and the prisoner objecting to hearsay evidence of that kind, the 
court was cleared, in order to take the question; when it was decided, 
that the prisoner's objection was not valid. The witness was there- 
fore re-called, and staged, that fifteen or twenty days after the priso- 
ner's arrival at Ochlochnee, the Seminole Indians began to steal horses 
from the United States' settlements, and commit murders on the 
Satilla river, which he was informed by them, was at the instigation 
of the prisoner. 

The chiefs of the little villages, in the witness's neighborhood* 
then desired him to write a few lines to the prisoner, stating those re- 
ports, and that he did not know that those Indians he was exciting, had 
long been outlawed, and caution him against such proceedings, or 
he might be involved in their ruin; this the witness did, when the 
prisoner wrote him a long and insulting letter, which was lost; up- 
braiding the wjtness, for calling those Indians outlaws, and accusing 
him of exciting the Indians to civil war. The witness was told by all 
chiefs and Indians, who had seen the prisoner, that he advised them 
to go to war with the United States, if they did not surrender them 
the lands which had been taken from them, and that the British go- 
vernment would support them in it. 

The Indians that took the witness, and a Mr. Doyle, pri- 
soners, which happened on the 13th December last, told them it 
was by the prisoner's order; and on their arrival at Mickasuky, (as 
prisoners J Kenhagee, and all his chiefs, told them, it was by the pri- 
soner's orders they were taken and robbed. On their arrival at Su- 
wany, they were told by the Indian and negro chiefs, who set in 
council over them, that the prisoner had advised he should be 
given up to five or six Choctaw Jndians, who were saved from the 
negro fort, who would revenge themselves for the loss of their friends 
at that place. On their return from Suwany, the chief JLenhagee, 
tqld them, that he had got the prisoner to write several letters for 



[65] 



1SS 



him; one to the governor of Providence; one to the British minister 
at Washington; one to the secretary of state in London; and one to 
the American agent for Indian affairs, protesting against the pro- 
reeding of the commanding officer at fort Scott. While the witness 
was atSuwany, the Indian chiefs told him that the prisoner had arriv- 
ed at that place, with ten kegs of powder on board of his vessel, and 
while in fort St. Marks, sometime in March, Hillishajo, or Francis, 
brought an order from the prisoner to the commandant, for two kegs 
of powder, with other articles, which were in his possession. 

Question by the court. Were any murders or depredations 
committed on the white settlement by the Indians, previous to the 
prisoners arrival at Ocklochnee? 

Answer. None except one murder near fort Gaines, which was 
before or about the time of the prisoner's arrival. 

Question. How long have you resided among the Indians; $t$te 
to the court whether you are acquainted with the Indian language, and 
how long since you learned it? 

Answer. I have resided among them 14 years, and have under- 
stood their language 12 years. 

Question, Do you believe the Seminoles would have commenc- 
ed the business o,f murder and depredation on the white settlements, 
had it not been at the instigation of the prisoner, and a promise on 
his part of British protection? 

Answer. I do not believe they would, without they had bees 
assured of British protection. 

Question by the court. What was the light in which the prison? 
er was viewed by ;he hostile Seminoles? Was it that of an authoriz- 
ed agent of the British government? 

Answer. The different chiefs always represented him to me as 
such. 

The witness recognized the letter rrtarked G, and signed A. Ar* 
buthnott, as being a copy of the one alluded to in his testimony, as 
lost. 

Question by the President. Are you acquainted with the prison 
er's hand writing? 

Answer. I have seen it, but cannot say I am acquainted with it. 

Question. Is that which you have just seen, and say is the copy 
of the one you lost, the prisoner's hand writing? 

Answer. It looks to be his hand writing; but I cannot say po- 
sitively. 

Question, Was the prisoner considered as the agent of the Se- 
minoles, at the time those murders were committed? 

Answer. I had not seen the prisoner at that time; the Indian 
chiefs told me that the prisoner had reported himself to them as an 
English agent. 

Question. Where did you understand the prisoner to be, when 
you were taken prisoner? 

Answer. The Indians told us that he had gone over to Provi 



134 [65] 



dence, but was expected back by the time we should arrive at Su* 
wany. 

Question. Did you not request Kenhagee, to prevail upon the 
prisoner to give you a passage in his schooner to Providence? 

Answer. Yes; but was told that the prisoner refused it, stating 
that if we were forced upon him, he would blindfold us and make us 
walk overboard. 

Question. What were the reasons given by Kenhagee, for the 
prisoner's not granting your request? 

Answer. Kenhagee stated that the prisoner was fearful of 
meeting with an American vessel, when we should be taken out and 
he therebv lose his schooner. 

Edmund Doyle, a witness on the part of the prosecution, being 
duly sworn, was questioned as follows: 

Question by the Judge Advocate. Do you know any thing that 
would tend to substantiate the charges against the prisoner now be- 
fore you? 

Answer. I know nothing but from common report. 

William S. Fulton, an evidence on the part of the presecution, be- 
ing duly sworn, testified the copy of a letter from A. Arbuthnott, to 
general Mitchell, agent for Indian affairs, dated Suwany, 19th Janu- 
ary, 1818, and marked No. 6, as acknowledged by the prisoner, to be 
the same in substance, as one written by himself at that time; an ex- 
tract from that letter was then read to the court. 

Question by the President. Where did the prisoner acknowledge 
the letter just read, to be a copy of the one written by himself? 

Answer. In the encampment before this place, about the 6th or 
7th instant. 

Question. Was not the acknowledgment made when he was a 
prisoner? 

Answer. It was. 

Question by the President. Did you hear a gentleman say to the 
prisoner, whilst in custody, that those who recommended the scalping 
knife and tomahawk, should feel their keenest edge? 

Answer. I did hear a gentleman say, that those who excited the 
Indians to the murder of the unoffending, should feel the keenest 
edge of the scalping knife; but as well as I recollect, that observation 
was not made until after the repeated acknowledgments of the pri- 
soner, of having written the letter. 

Question by the court. Was not the confession of the prisoner 
to this letter made voluntarily and without any constraint whatever? 

Answer. I conceive it was. 

The evidence on the part of the prosecution being closed, the 
prisoner requested as a witness, Robert C. Armbrister, as one of his 
witnesses, against whom criminal charges had been filed, and who 
was in custody on account thereof; to which the judg? advocate ob- 
jecting, the coart was cleared to take its sense— when it was decided 



[65j 



135 



that Robert C. Ar monster, now in custody for similar offences with 
the prisoner, cannot be examined as evidence before the court. 

John Lewis Phenix, a previous witness, now on the part of the 
prisoner, being again sworn, was questioned as follows, viz: 

Question by the Prisoner. Was there any other vessel at the 
mouth of the Suwahnee river, when Armbrister seized your schooner? 

Answer. Yes* 

Question. "What vessel was it? Was it not the Vessel which Arm- 
brister came in? 

Answer. It was a sloop, and I understand Armbrister came in 
her. 

Question. Did Armbrister ever mention to you, who recom- 
mended him to seize the prisoner's schooner, or who assisted him in 
stimulating the negroes to do so? 

Answer. No. I understood he came on board of his own accord. 

Question by the Court. Have you, since you commanded the 
prisoner's vessel,ever brought any arms to that part of the country? 

Answer. No. I brought a quantity of lead and ten kegs of pow- 
der in the last trip. 

John Winslett, a former witness en the part of the prosecution, 
being recalled on the behalf of the prisoner, was questioned as fol* 
lows, viz: 

Question by the Prisoner. Are you not of opinion that the letter 
which you say was written by the prisoner to the little Prince, is now 
in the possession of the Little Prince? 

Answer. After reading it i returned it to him? and I believe it to 
be still in his possession, as Indians seldom destroy papers of that 
kind. 

The prisoner requesting some time to make up his defence} he 
was given until to-morrow evening, at 4» o'clock* 



Fort SU Marks, 2Sth of April, 1S18, 4 o'clock, P. M. 

The recorder having read over the proceedings of the court with 
closed doors, the prisoner was recalled into court, and made the de- 
fence marked K, and attached to these proceedings. The doors were 
then closed, and after the most mature deliberation on the evidence 
adduced, the court find the prisoner, Alexander Arbuthnott, guilty or 
the first specification to the first charge, and guilty of the first charge; 



136 [65] 

guilty of the first and second specifications to the second charge, and 
guilty of the second charge, leaving out the words " acting as a spy." 
They therefore do, on the most mature reflection, sentence the pri- 
soner, Alexander Arbuthnott, to be suspended by the neck, until he is 
dead, two-thirds of the court concurring therein. 

(Signed) EDMUND P. GAINES, 

Majer General by Brevet, 

President of the Court, 

(Signed) J. M. GLASSEL, 

Recorder. 



From A. Arbwhnctt to his son, John Arbuthnott. 

Fort St. Marks, 2d April, 1818, 

9 o^clock — Morning, 
BEAU JOHN, 

As I am ill able to write a long letter, it is necessary to be brieff 
before my arrival here, the commandant had received an express 
from the governor of Pensacola, informing him of a large embarka- 
tion of troops, &c. under the immediate command of general Jack- 
son, and the boat that brought the despatch, reckoned eighteen sail of 
Vessels off Appalachacola. By a deserter that was brought here by 
the Indians, the commandant was informed that 3000 men, under the 
orders of gen. Jackson; 1000 foot and 160O horse, under gen. Gaines; 
500 under another general, were at Prospect Bluff, where they were 
rebuilding the burnt fort; that 1000 Indians of different nations, were 
at Spanish Bluff, building another fort, under the direction of Ameri- 
can officers; that so soon as these forts were built, they intended to 
march. They have commenced. Yesterday morning advice was 

received that they had appeared near and taken two of the sons 

of M'Queen, and an Indian; late in the afternoon, three schooners 



[65] 



137 



came to anchor at the mouth of this river, and this morning the 
American flag is seen flying on the largest. 

I am blockaded here, no Indians will come with me; and I am 
now suffering from the fatigue of coming here alone. 

The main drift of the Americans is to destroy the black popula- 
tion of Sahwahnee. Tell my friend Boleck, that it is throwing away his 
people to attempt to resist such a powerful force as will be down on 
Sahwahnee, and as the troops advance by land, so will the vessels by 
s # ea. Endeavor to get all the goods over the river in a place of se- 
curity, as also the skins of all sorts; the corn must be left to its fate. 
So soon as the Sahwahnee is destroyed, I expect the Americans will 
be satisfied and retire; this is only my opinion, but I think it is con- 
formable to the demand made by general Gaines, of Kenhigee, 
some months since; in fact, do all you can, to save all you can; save 
the books particularly. It is probable this commandant Will receive 
some communication from the vessels to-day, when he will know 
mo;e certainly what are their motives in coming off the fort. I think 
it is only to shut up the passage to the Indians. Twenty canoes went 
down the river yesterday, and were forced to return. The road be- 
tween this and Mickasuky is said to be stopped. Hillisajo and Hi- 
mathio Mico were here late last night, to hear What vessels. They 
will remove all their cattle and effects across St. Mark's river this 
morning, and perhaps watt near thereto fo; the event. 

I have been as brief as I can, to give you the substance of what 
appears facts, that cannot be doubted; to enter into details in the pre- 
sent moment, is useless; if the schooner is returned, get all the goodfs 
on board of her and let her start off for Mannatee creek, in the bottom 
of Cedar Key bay* You vVill then only have the skins to hide away. 
But no delay must take place; as the vessels will no doubt follow the 
land army, and perhaps even now, some are gone round, t pray 
your strictest attention, for the more that is saved, will be eventually 
more to your interest. Let the bearer have as much calico, as will 
make him two shirts, for his trouble. He has promised to deliver 
this in three, bur. I give him four days. 

I am yours, affectionately, 

(Signed) A. ARBUTHNOTT. 



B. 

From j3. Arhuthndtt, to Charles Cameron, Governor Bahamas. 

SIR, ... 

Being empowered by the chiefs of the Lower Creek nation, to 
represent the state of their nation to your excellency, that you may be 

18 



138 [65] 

pleased to forward the same for the information of his majesty's go- 
vernment, to whom alone they lookup for protection, against the ag- 
gressions and encroachments of the Americans, I beg leave to submit 
to your excellency, the enclosed representations, humbly praying that 
your excellency will be pleased to take ati early opportunity of for- 
warding the same to Great Britain. 

I am also instructed by Bowleck, chief of Sahwahnee, to make 
the demand herein enclosed, he never having had any share of the 
presents distributed at Prospect Bluff, though he rendered equally es- 
sential services, as any of the other chiefs, to the British cause, while 
at war with America; and was at New Orleans with a part of his war- 
riors. His frontiers being more exposed to the predatory incursions of 
the back Georgians, who enter his territory and drive off his cattle, 
he is obliged to have large parties out to watch their motions, and 
prevent their plundering; and being now deficient of ammunition, he 
prays your excellency will grant his small demand. Humbly sub- 
mitting the same, 

I have the honor to remain your excellency's 

Most humble servant, 

(Signed) A. A 



The humble representations of the chiefs of the Creek nation. 

To his Excellency Governor Cameron, 

First, we beg leave to represent, that Edmund Doyle and Wil- 
liam Hambly, lately clerks at Prospect Bluff, to Messrs. Forbes f 
and who still reside on the Appaiachicola river, we consider as the 
principal cause of our present troubles and uneasiness. Hambly was 
the instrumental cause of the fort at Prospect Bluff being destroyed 
by the Americans, by which we lost the supplies intended for our fu- 
ture wants; since then both these men have kept emissaries 
among us. tending to harrass and disturb our repose, and that of our 
brethren of the middle and upper nation; they spread among us re- 
ports that the Cowhettes, aided by the Americans, are descending to 
drive us off our land, they equally propagate false. 



[6IQ 



130 



Frqra if. Srbuthnolt, to Benjamin Moodie, Esq. enclosing letters Ic? 
Charles Baggott f Esq. British minister at Washington. 

Sahwahnee, in the Creek Nation, 

27th January > 1818. 

SIR, 

The enclosed, containing matter of serious moment, and demand- 
ing the immediate attention of his excellency the British ambassador^ 
I trust he will, tor this time, forgive the trifling expense of postage* 
which I have endeavored to prevent as much as possible, by com* 
prising much matter in one sheet of paper. Should you, sir, be put 
to any trouble or expense by this trouble I give you, by being made 
acquainted with the same, I will instruct Bain Dunshee & Co. to or- 
der payment of the same. 

I have the honor to be, sir, 

Tour most obedient humble servant^ 

(Signed) A. ARBUTHNOTT 



From A. Arbuthnott to the honorable Charles Bagot* 
SIR, 

It is with pain I again obtrude myself upon your excellency's 
notice; but the pressing solicitations of the chiefs of the Creek naVion, 
and the deplorable situation in which they are placed, by the wanton, 
aggressions of the Americans, I trust your excellency will take as a 
sufficient apology for the present intrusion. 

In August last, the head chief of the Seminole Indians, received 
a letter from general Gaines, of which I have taken the liberty of an- 
nexing your excellency the contents, as delivered me by the chief's 
head English interpreter, with Kenhigee's reply thereto. 

This letter appears to have been intended to sound the disposi- 
tion of the chief, and ascertain the force necessary to overrun the na- 
tion, for from then, until an actual attack was made on Fowltown, 
the same general, with general Jackson, seem to have been collect- 
ing troops, and settlers in various quarters. 



140 [65] 

If your excellency desire to have further information, respecting 
the situation of this country 3nd its inhabitants, I can, from time to 
time, inform your excellency of such facts and circumstances, as arc 
stated to me, by chiefs of known veracity, or which may come under 
my own observation; and your excellency's orders, addressed to me 
at New Providence, will either find me there, or be forwarded me to 
this country. 

With great respect, I have the honor to be, 

Your excellency's most obedient servant, 

(Signed) A. A* 



{The following memorandum was on the back of the fo*e%ping 

letter:] 

Kenhigee 1000, Boleck 1500 Oso Hatjo Choctawhatchy 50Q, 
Himashy Mico Chattehouchy 500, at present with HiHisajo—- -At 
present under arms 1000 and more — and attacking those Americans 
who have made inroads into their territory. 

A quantity of gunpowder, lead, muskets and flints, sufficient to 
arm one thousand to two thousand men. 

Muskets 1000, more smaller pieces, if possible. 

10,000 flints, a proportion for rifle put up separate. 

50 casks gunpowder, a proportion for rifle. 

2*000 knives, six to nine inch blade, good quality. 

1,000 tomahawks — 100 lbs. vermillion. 

^,000 lbs. lead, independent of bail for musket. 

(Signed) KENHIGEE. 

BOLECK. 



From General Gaines to the Seminoly Chiefs. 

To the Seminoly Chiefs, 

Tour Seminoly'* are very bad people; I don't say whom; you 
-Ibtave murdered many of my people, and stolen many cattle, and many 



[65] 



HI 



good houses that cost me money, you have burnt For me; and nov 
that you s^e my writing, you will think I have spoken right. I know 
it is so, you know it is so, for now you may say I will not go upon 
you at random; but just give me the murderers, and I will show them 
my law, and when that is finished and passed, if you will come about 
any of my people, you will see your friends, and if you see me, you 
will see your friend. Bu: there is something out in the sea, a bird 
with a forked tongue, whip him back before he lands, for he will be 
the ruin of you yet; perhaps you do not know who or what 1 mean—* 
I mean the name of Englishman. 

I tell you this, that if you do not give me up the murderers who 
have murdered my people, I say I have got good strong warriors, 
with scalping knives and tomahawks. You harbor a great many of 
my black people among you, at Suwahnee. If you give me leave to 
go by you, against them, I shall not hurt any thing belonging to you. 

(Signed) GENERAL GAINES, 



From Kenhigee to General Gaines y in answer to the foregoing* 

To General Gaines, 

You charge me with killing your people, stealing your cattle, 
and burning your houses. It is I that have cause to complain of the 
Americans. While one American has been justly killed, while in the 
act of stealing cattle, more than four Indians have been murdered 
while hunting, by those lawless freebooters. I harbor no negroes. 
"When the Englishmen were at war with America, some took shelter 
among them, and it is for you white people to settle those things 
among yourselves, and not to trouble us with what we know nothing 
about. I shall use force to stop anv armed Americans from passing 
sny towns or on my lands. 

(Signed) KENHIGEE. 



D. 



** Note of Indian talks. 



Xn August, Capp had a letter from general Gaines, in substance 
<a$ annexed, No. 1; and returned the answer as by No. 2. Nothing 
futther was said on either side. The end of October, a party of 



U2 [65] 

Americans from a fort on Flint river, surrounded Fowl Town, during 
the night, and began burning it; the Indians then in it, fled to the 
swamp, and in their flight had three persons killed by Are from the 
Americans; they rallied their people and forced the Americans to re- 
tire some distance, but not before they had two more persons kill- 
ed, The Americans built a blockhouse, or fort, where they had fall- 
en back to, and immediately sent to the forts up the country for assis- 
tance, stating the Indians were the aggressors. One of those letters 
falling into the hands of general Mitchell, he made inquiry, and found 
his people were the aggressors, and also settled with Inhemathlo 
i'or the loss his people had suffered; at the same time, sending a talk 
to Kenhigee, by a head man, Opony, that he would put things in 
such a train as to prevent further encroachments, and get those 
Americans to leave the forts. But no sooner was this good talk given, 
and before the bearer of it returned home, than hundreds of Ameri- 
cans came pouring down on the Indians. Roused to a sense of 
their own danger, they flew to arms, and have been compelled to 
support them ever since. It is not alone from the country, but by 
vessels entering Appalachicola river; troops, and settlers are pouring 
into the Indian territory, and if permitted to continue, will soon 
overrun the whole of the Indian lands. 

From the talk sent Kenhigee, by Gen, Mitchell. I am in hopes that 
those aggressions of the Americans on the Indian territory, are not 
countenanced by the American government, but originate with men 
devoid of principle, who set laws and instructions at defiance, and stick 
at no cruelty an 1 oppressions to obtain their ends. Against such op* 
pressors the Anierican government must use not only all their influence, 
but if necessary, force, or iheir names must be handed down to pos« 
terity, as a nation more cruel and savage to the unfortunate aborigines 
of this country, than ever were the Spaniards, in more d.ark ages, 
to the natives of South America. 

The English government, as the special protectors of the Indian 
nations, and on whom alone they rely for assistance, ought to step 
forward and save those unfortunate people from ruin; and as you, 
Sir, are appointed to watch over those interests, it is my duty as an 
Englishman, and the only one in this part of the Indian nation, to in- 
struct you of the talks the chiefs bring me for your information, and 
I sincerely trust, Sir, you will use the powers you are vested with for 
the service and protection of those unfortunate people who look up 
to you as ihetr saviour. I have written general Mitchell, who I learn 
is an excellent man, and as he acts as Indian agent, I hope his influ- 
ence will stop the torrent of innovators and give peace and quietness 
to the Creek nation. 

I pray your excellency will pardon this intrusion, which nothing 
but the urgency of the case would have induced me to make. 

I have the honor to be, 

Your Excellency's most obedient serv't. 
[Signed] A» A. 



[$5] 



143 



From Chappichimicco und Bowkck, to Governor Came f on. 

To his Excellency Governor Cameron, 

It is with pain we are again obliged to obtrude ourselves on your 
excellency's notice, in consequence of the cruel war we have been for- 
ced into, by the irruption of the Americans, into the heart of our 
lands. It will be first necessary to state to your excellency, that one 
head chief, Kinghijah, received a letter from general Gaines in Au- 
gust last, a copy of what is enclosed, with the answer returned there- 
to. This letter only appears to have been a prelude to plans, de- 
termined on by the said general and general Jackson; to bring on 
troops and settlers to drive us from our lands, and take possession of 
them; for in the end of October, a party of Americans surrounded 
Fowl Town during the night, and in the morning began setting tire 
to it; making the unfortunate inhabitants fly to the swamp, and who ia 
their flight, had three persons killed by the fire of the Americans'. 
Our Indians rallying, drove the Americans from the town, but ia 
their exertions, had two more of their people killed. The Ameri- 
cans retired some distance, and built a fort or block nous,- '10 protect 
themselves, until the assistance they had sent for to the forts, up the 
country, should arrive. A letter falling into the hands of general 
Mitchell, the Indian agent, which stated the Indians to have been the 
aggressors; he suspected its truth, and on inquiry, found it was the re- 
verse; in consequence, he made satisfaction to Inhemathlo, the chief 
of Fowl Town, and his people, for the injuries and losses they had sus- 
tained; at the same time he desired a talk to be sent to our head 
chiefs, stating his wish to see all the Indians friends, and that in twenty 
days, he would send and get the Americans to retire from the forts. Bus 
this had no effect on the lawless invaders of our soil, for before the 
bearer of the talk could return home, he met hundreds of Americans 
descending on us; they have also settlers and troops which coma 
from Mobile, and go up the Appalachicola river; thus seeing no end 
to those invaders, necessity compelled us to have recourse to arms, and 
our brethren are now figh ing for the land they inherited from their 
fathers, for their families and forces. But what will our exertions do 
without assistance; our sinews of war are almost spent; and harrassed, 
as we have been for years, we have not been able to lay by the 
means to provide for our extraordinary wants, and to whom can 
we look up to for protection and support* but to those friends who 
have at all former times held forth their hands to uphold us, and 
who have sworn in their late treaty with the Americans, to see our 
just rights and privileges respected and protected from insult and ag» 



144 £6!T| 

gression? We now call on your excellency, as the representative of 
our good father, King George, to send us such aid in ammunition^ 
as we are absolutely in want of; and as our brother chief, Hillisajo, 
was informed, when in England, that when ammunition was wanted 
to enable us to protect our just rights, that your excellency would sup* 
ply us with what was necessary. We have applied to the Spanish 
officer at the fort of St. Marks; but his small supply prevents his be- 
ing able to assist us, and we have only on your excellency to depend. 
We likewise pray your excellency would be pleased to send an officer 
or person to lead us right, and to apportion the supply you may be 
pleased to send us, agreeably to our proper wants. 

In praying your excellency will lend an ear to our demand > and 
despatch it without delay, 

We remain your excellency's faithful, 

And most obedient friends and servants, 

[Signed] CAPPACHEMICCO, 

BOLECK, 

For ourselves, and all the other Chief? 
of the lower Creek Nation. 



F. 

Letter from A. Arbuthnott to Col. Edward NichoHs, 

Nassau, JV. T. 26th August, 1817, 

am, 

Especially authorized by the chiefs of the Lower Creek nation, 
whose names I affix to the present, I am desired to address you, that 
you may lay their complaint before his majesty's government. They 
desire it to be made known, that they have implicitly followed your 
advice in living friendly with the Americans, who were their neigh- 
bors, and nowise attempted to molest them: though they have seen the 
Americans encroach on their territory, burning their towns, and mak» 
ing fields where their houses stood, on the Chattahouche. rather than 
make resistance, they have retired lower in the peninsula. Thetown of 
Echallaway, where Otis Mi ceo was chief, is one instance of the en- 
croachments of the Americans; this town is situated unker the guns of I 



[65] 



145 



fort Gaines andMicco was desired to submit to the Americans, or his 
town would be blown to atoms; rather than do so, he retired, and is 
now living in the lower nation, and his fields, and even where the town 
stood, is ploughed up by the Americans, They complain of the En- 
glish government neglecting them, after having drawn them into a 
war with America; that you, sir, have not kept your promise, of send- 
ing people to reside among them; and that if they have not some per- 
son or persons, resident in the nation, to watch over their interest, 
they will soon be driven to the extremity of the peninsula- You left 
Mr. Hambly, to watch over the interest of the Creek nation; but you 
hardly left the nation, when he turned traitor, and was led by 
Forbes to take the part of the Americans; his letter to me, of which 
I annex you a copy,will show you what lengths he could go, if he had 
the means. It is Hambly and Doyle, who give the Indians all the 
trouble they experience; they send their emissaries among the Lower 
Creeks, and make them believe the Cowhettas, aided by the Ameri- 
cans, are arming against them; thus both are put in fear, and their 
fields are neglected, and hunting is not thought of. I have endeavour- 
ed to do away this fear, by writing the chief of the Cowhetta towns, 
that they ought to live on friendly terms, with their brethren of the 
lower nation, whose wishes were to be on good terms with them, and 
not to listen to any bad talks, but to chase those, that give them, from 
among theml My letter was answered by them rather favorably, 
and I hope the talk that was sent to the big warrior last June, will heal 
the difference between them. 

Hillisajo arrived in my schooner at Oclocknee sound last June, 
and was well received by all the chiefs, and others who came to wel- 
come him home. In consequence of his arrival a talk was held, the 
substance of which I put on paper for them, and it was sent with a pipe 
of peace to the other nations. Hillisajo wished to return to Nas- 
sau with me, but I prevailed on him to stay in the nation and keep 
them all at peace. I regret, sir, to notice, this good man's affairs, though 
by his desire: it appears that he arrived in Nassau a short time after 
I had left it in January, and captain W. being here, took charge of 
him, his goods and money, prevailing on the governor to let him stay 
with him until he went down to the nation, which it was his inten- 
tion to do. Of the money received of governor Cameron, he had on- 
ly given him eighty dollars, by captain W. a barrel of sugar, a bag of 
coffee, and a small keg of rum; and the interpreter, Shugart, in- 
formed me, that when Hillisajo asked for an account, captain W. 
refused it, saying it would be useless to a man who could not read* 
He also misses two cases, one of which contained he thinks crockery; 
I have made inquiry of his majesty's ordnance store keeper, and he 
informs me the whole were delivered to captain \V ; they are there- 
fore lost to Hillisajo. 

I am desired to return Hiliisajo's warmest acknowledgments 
for the very handsome manner you treated him in England, and he 
begs his prayer may be laid at the foot of his royal highness, the 
19 



146 [65] 

prince regent. I left him and all his family well, on the twentieth of 
June. Old Cappachimicco desires me to send his best respects, and 
requestst hat you would send out some people to live among them, and 
all the land they took from Forbes, shall be theirs. At all events they 
must have an agent among them, to see that the Americans adhere 
to the treaty, and permit them to live unmolested on their own lands. 
This agent should be authorized by his majesty's government, or he 
will not be attended to by the Americans. In the gazettes of Georgia, 
the Americans report the Seminole Indians are continually commit- 
ting murders on their borders, and making incursions into the state. 
These are fabrications tending to irritate the American government 
against the poor Indians; for during the time I was in the nation, 
there was only one American killed, and he, with two others, were in 
the act of driving off cattle, belonging to Boleg, chief of Suwany, 
whereas three men and a boy were killed last June, by a party of 
American cattle-stealers, while in their hunting camps; the boy they 
scalped, and one of Boleg's head men was killed on St. John's river, 
in July. The backwood Georgians, and those resident on the bor- 
ders of the Indian nation, are continually entering it, and driving off 
cattle. They have in some instances made settlements, and particu- 
larly on the Choctohachy river, where a considerable number have 
descended. 

By the treaty with Great Britain, the Americans were to give up 
to the Indians, all the lands that may have been taken from them 
during the war, and place them on the same footing they were in 
1811. It appears they have not done so; that Fort Gaines on the 
Chatahoochy river,and Camp Crawford on the Flint river, are both on 
Indian territory that was not in possession of the Americans, in 1811. 
They are fearful that before any aid is given by the English govern- 
ment, they will be no longer in possession of any territory. 

I wrote last January to his excellency the Hon. Charles Bagot, 
respecting the encroachment of the Americans; as I was informed by 
the copy of a letter from the right houoroble earl Bathurst, handed 
me by his excellency governor Cameron, that his majesty's ambassa- 
dor had received orders to watch over the interests of the Indians. 
Since my return here, I have received of Mr. Moodie, of Charleston, 
an extract of a letter from the honorable Charles Bagot, that the ex- 
pense of postage is so considerable, any further communications of 
the same nature, must be sent him by private hands. Now, sir, as no 
person goes from this direct to Washington, how am I to be able to 
comply with his desire? Thus he will be kept ignorant of the real situ- 
ation of the poor Indians, and the encroachments daily made on their 
lands by American settlers, while he may be told by the American go- 
vernment that no encroachments have been made, and that the forts 
they still hold, are necessary to check the unruly Seminoles. Thus 
the person appointed to watch over the interest of the Indians, hav- 
ing no other means of information, than from the parties interested 
-»n their destruction, and seeing from time to time in the Americao 



[65] i4? 

gazettes, accounts of cruel murders, Sec. &c. on the frontier settlements 
of the United States, he apprehends the Indians merit all the Ameri* 
cans do to them. 

But let his majesty's governmentappoint an agent with full pow» 
ers and to correspond with his majesty's ambassador at Washington, 
and his eyes will then be opened as to the motives that influence Amer- 
ican individuals as well as the government, in vilifying the Indians. 
The power given me, and the instructions were, to memorial his 
majesty's government as well as the governor general of Havanna, 
but if you will be pleased to lay this letter before his majesty's secre- 
tary of state, it will save the necessity of the first, and I fear that a 
memorial to the governor general would be of no use* Referring 
you to the answer,* 

I am most respectfully, sir, 

Your obedient servant, 

[Signed] A> ARRUTHNOTT. 

Lieut, col. Edward Nichol.h.-. 



br. 



* 



From A, Jirbuthnott to William Tlatnbiy. 

O.cklochiee Sound, 2d May, iSi?. 

3!R, 

On my return here this day I received a letter, signed by you, 
md dated 23d March. As you therein take the liberty of advising 
ne as you say, by order of the chiefs of the Creek nation, I am 
jlad of, and shall embrace this opening you give me, and reply to 
'gu at some length. First, sir, let me premise, that when you lived 
t Prospect Bluff, a clerk to Messrs, Forbes and Co. you did not con- 
ider Cappachimicco, M'Quin, or any other of the chiefs of the lower 
>eek nation, as outlaws, nor have they ever been considered as such 
ythe English government, who are the especial protectors of the Indi- 
n nations; and it ill becomes Mr. Hambly to call Cappachimicco an 
utlaw; that man who has ever been his friend, and by his authority 

[* Seethe unsigned paper, No. 71.] 



1*8 [65] 

has prolonged his life. Yes, sir, the young chiefs and warriors of 
the Creek nation, considering you as the chief cause of their troubles 
would have long ere this had possession of you, and perhaps, with 
your life, made you pay the forfeit for the injuries heaped on them, 
had not that man, who has been your friend from your early youth, 
stepped in as your protector. Yet, this is the man whom Mr Ham- 
bly presumes to call an outlaw. A pardoned villian when going to 
the gallows, would bless the hand that saved his life; but Mr. Ham- 
bly blasphemes his savior. 

As Mr. Hambly's generous friend is the principle cause of my 
being in this country, as an honest man, I shall endeavor to fulfil my 
promise to him and the other chiefs. The guilty alone have fear; an 
honest and upright man dreads no dangers, fears no evil, as he com- 
mits no ill; and your arm of justice jought to be applied, where it 
would rightly fall on the head of the really guilty. Your mean and 
vile insinuation that I have been the cause of thefts and murders, 
comes ill from he who has been the cause of the murder of hun- 
dreds* Though your usage was made villanous at the fort, yet your 
revenge was too savage and sanguinary. If your conduct, sir, to the 
Indians, were guided by as pure motives as mine, you would endeavor 
to influence them, to esteem and respect each other as brothers, and 
live in harmony and friendship, cultivating their lands in summer, and 
taking their diversions of hunting in winter, respecting their neighbors, 
and making yourself respected by them. If thus, sir, you would act, 
(and by your knowledge of their language, ycu have much more in 
your power than any other man,) you would then be the true friend 
of the Indians. Were I an instigator to theft and murder, would I 
hold the language I have done, to the chiefs and others who have 
called on me? Ask the lieutenant commanding at Fort Gaines, if rnv 
letter to him breathed the strains of a murderer? Ask Opoy Hatcho, 
orDany,his interpreter, if the recommendatory note I sent him by or- 
der of Oponv, could be written by an instigator to murder? Ask 
Ppony himself, if my language to him was that of a murderer? Ask 
Mappalitchy, a chief, residing among the Americans in Oakmulgee, 
if my language and advice to him, savored of that of a murderer? £H 
those, and every Indian who have heard my talks, will contradict 
your vile assertions. 

But Mappalitchy has given me a clue by which I can unravel 
from whence the aspersions comes, Not from Opony , Hatcho, or any 
of the chiefs of the upper towns, but from he who endeavors to lead 
them to mischief and quarrels with each other. Did not the chiefs 
hear my note read with respest, and perfectly according with my senti- 
ments, of being all as brethren, uniting in the bonds of friendship and 
love? Did not they agree to smoke the pipe of peace, with their 
brethren of the lower nation, and live in future as brothers? What 
made some of them alter their minds afterwards? The interference 
of a humane man, who caused them to write a letter to me demand- 



[65] 



149 



log my removing from a board of outlaws, and which letter is signed, 
" William Hambty." 

I shall only make one more observation, and that will show from 
whence I come, and whether I come amongst the Indians as zrenega- 
rfo , or as the friend of peace and harmony. 

In the springof 1816, W. Hambly sent governor Cameron alet- 
ter containing talks of the chiefs of the Indian nations; they were for- 
warded to England; and his excellency handed me, on my leaving 
Providence, an answer thereto from the right honorable earl Ba- 
thurst, one of his majesty's chief secretaries of state, that I might 
make the same known to the chiefs on ray arrival in the nation. 
"What will governor Cameron think of the man, who, in 1816, could 
write against the encroachments of the Americans on the Indian na- 
tion, and in the spring of 1817, call the chiefs of that nation, for whom 
he more especially wrote, outlaws? Mr. Hambly may sell his services 
to America, but no man can expatriate himself from that allegiance 
due to his native country; and a government may call on a friendly 
nation to give up a subject that has seriously wronged her. 

I recommend Mr. Hambly to be content with Douceur he may 
have received and permit the unlettered Indian to live quietly and 
peaceably on his native land. 

I shall send a copy of this letter, with the one from you, to be 
read to the chiefs of the nation, and shall, at the same time, take an 
opportunity of explaining myself more fully, than I did in the note 
sent by Opony. "Wishing you a speedy recantation of your errors, 
and a return to your former way of thinking, 

1 am your obedient, 
(Signed) A. ARBUTHNOTT. 



H. 

Letter from A. Arbuthnolt, to the governor of Havana, 

To his excellency, Don , 

Governor General, £sfc. £sfe. 

The chiefs of the Creek nation , whose names are hereunto an* 
nexed, beg leave to approach your excellency, and represent their 
complaints. Long imposed on by the persons keeping stores in this 
country, in charging us exorbitant prices for their goods, while they 



150 [65] 

only allowed us a very trifling one for our peltry, we have found it ne- 
cessary to look out for a person that will deal fairly with us, and we 
wish to establish a store for him on Appalache river; we have made 
application to the commandant of St, Marks, and he has referred us to 
your excellency. It is not alone the impositions that have been practised 
spon us, that has made us presume to address your excellency, we 
have complaints of a more serious nature, against the persons em- 
ployed k y the only house that has been established among us, that of 
Mr. Forbes. In the first place,some years back, under false pretences, 
they attempted to rob us of a very large portion of our btst lands, and 
we the more readily acceded to it, from the faithful promise given us, 
that they would get English people to settle it, and live among us; but 
far from doing this, Mr. Forbes attempted to sell it to the American go- 
vernment, and settle it with Americans; thus finding ourselves deceiv- 
ed and imposed on, we withdrew our grant about three years since, 
which, from the stipulations contained therein, not being fulfilled on 
the part of Mr. Forbes, we conceived we had a right to do. Secondly, 
Mr. Doyle and Mr. Wm. Hambly, the two persons left in the nation to 
carry on Mr. Forbes's business, have, for more than two years, been 
endeavoring to influence us to join the Americans, and finding that 
fair means would not swerve us from our attachment to our ancient 
friends, the English, they have recently had recourse to threats, of 
bringing the Americans down upon us; and that people only want a 
pretext to attack us, which the said Doyle and Hambly attempt to 
give them, by spreading false reports of our murdering Ameri- 
cans, stealing their cattle, and preparing for war against them, while 
in fact, it is the Americans who murder our red brethren, steal 
our cattle, by hundreds at a time, and are daily encroaching on our 
lands, and maintaining the settlers in their ill gotten possessions by 
armed force. 

On the Choctawhatchy river, there are a large body of Ameri- 
cans, forming settlements, and more are daily joining them. As this 
river is far within that line, marked out by your excellency's govern- 
ment, (and the Americans some years since, though that line was un- 
known to us until very lately, and we never gave our sanction, nor in 
fact, knew of any sale of our lands, being made to the Americans,) we 
trust your excellency will give orders, to displace them from within 
the line, and send them back to their own country. Our delaying to 
address your excellency, to represent the forementioned grievances, 
has been owing to the want of a person to attend to our talks, and put 
them in writing for us. The commandant of the fort of St. Marks, 
has heard all our talks and complaints. He approves of what we 
have done, and what we are doing, and it is by his recommendation 
we have thus presumed to address your excellency. 
We have the honor to be, 

Your excellency's most obedient, 
And very humble servant, 
(Signed) A. ARBUTHNOTT, 






[«3 



151 



No. 1. 

Tower of attorney from the Indian Chiefs to Jl. Arbuthnotto 

Know all men by these presents, That we, chiefs of the Creek 
nation, whose names are affixed to this power, having full faith and 
confidence in Alexander Arhuthnott, of New Providence, who knowing 
all our talks, is fully acquainted with our intentions and wishes, do 
hereby by these presents, continue and appoint him, the said Alex* 
ander Arbuthnott, our attorney and agent, with full power and author- 
ity, to act for us and in our names in all affairs relating to our nation, 
and also to write such letters and papers, as to him may sppear ne- 
cessary and proper for our benefit, and that of the nation. 

Given at Ocklocknee Sound, in the Creek nation, this 17th day 
of June, one thousand eight hundred and seventeen. 

[Signed] 

Cappachimico x [Kenhigee, chief of the Mickasukeys, 

Inhimathlo x Chief of the Fowl towns. 

Charle Tustonaky x Charle Nishomatta, second chief of the Ock= 

mulgee towns. 
Otos Mico x Chief of the Conhoioway, below fort Gaines a 

Ochacona Tustonaky x Oponey, chief of the Ockmulge towns. 
Imathluche x Chief of the Attapulgas. 

Inhimathluchy x Chief of the Palatchocoleys. 

Lahoe Himathlo x Chief of the Chehaws. 

Homathle Mico x Chief of the Red Sticks. 

Talmuches Hatcho x Peter M'Queen, chief of the Tallapasses, (an 

old Red Stick.) 
Hillisajo x Francis, the prophet. 

Opoithlimico x A Red Stick, created chief by the lbwer 

towns.] 

Witness, 

PETER SHUGERT, 

Interpreter. 

[I certify that the Indian chiefs whose signatures are placed on 
the left hand side, to the full powers granted to Alexander Arbuthnott, 
are the chiefs of the towns and places above named. 

[Signed] WILLIAM HAMBLY 

Witness, 

WILLIAM S. FULTON, 

Frivate Sec. Commanding Gen.}, 



152 [65j 

No. 2. 
Supposed to be for Bolegs to the governor of St, Augustine 

To his excellency Don Jose Copinger. 

To his excellency, to James Green governor St. Augustine. 

SIR, 

I had the honor of receiving your letter of September, but the 
impossibility of finding a person to write an answer to the same is the 
cause of this apparent neglect. 

I shall be very happy to keep up a good understanding and cor- 
repondence with you, and hope you will, when occasion offers, advise 
me of such things as may be of service to myself and people. My 
warriors and others that go to Augustine, return with false reports 
tending to harass and distress my people, and preventing them from 
attending to their usual avocations. At one time the Americans and 
upper Indians, supported by a force of about 3000 men, were running 
lines far within the Indian territory; at another time are collecting a 
force at fort Mitchell in the forks of Flint and Chattahoochy rivers to 
fall on the towns below. Now, sir, we know of no reason ttte Amer- 
icans can ha\e to attack us, an inoffensive and unoffending people. 
We have none of their slaves, we have taken none of their property 
since the Americans made peace whhour good father, king George. 
We have followed the orders of his officer that was with us, lieuten- 
ant colonel Edward Nicholls, and in nowise molested the Americans, 
though we daily see them encroaching on our territory, stealing our 
cattle and mnrdering and carrying off our people. That same officer 
also told us, we allies to the great king our father, were included in 
the treaty of peace between our good father and the Americans, and 
that the latter were to give up all the territory that had been taken 
from us before and during the war. Yet so far from complying with 
the ninth article of that treaty, they are daily making encroachments 
on our land, getting persons who are not known to the chiefs, and 
without any power or authority, to grant and sign over lands to them. 
Thus they deceive the world and make our very friends believe we 
are in league with them. 

The principal chiefs of the nation, with the head warriors, as- 
sembled at my town, on the 8th instant, and came to the resolution 
of informing the British minister at Washington of the conduct 
of the Americans and the officers of their government towards 
us; it has been done accordingly, and copies sent to England. 
We demand of the king, our father, to fix some of his people among 
us, who may inform him from time to time, of what is passing, and 
see the Americans do not extend themselves on our lands. The Spa- 
nish subjects in the Floridas are too much in the interests of the 
Americans to be our friends. For the governors I shall always enter- 



[65] 



153 



tain the greatest regard, but for the people, they do not act so as to 
merit any esteem and protection. You desire I would chase those 
marauders who steal my cattle: my people have lately driven some 
Ameriaans from Lahhewary, and I have no doubt the Americans will 
hold of this as a pretext to make war on us as they have before done, 
'In stating we harbor their runaway slaves.* 



No.3< 



General Mitchell, Agent for Indian Affairs, 

SIR, 

Kenhijee, the head chief of the Lower Creek nation, has 
called on me to request I would represent to you the cruel and op- 
pressive conduct of the American people, living on the borders of the 
Indian nation, and which he was in hopes, from a talk you were pleas- 
ed to send him some weeks since, would have been put a stop to, and 
peace restored between the Indians and American people. But far 
from any stop being put to their inroads and encroachments, they are 
pouring in by hundreds at a time: not only from the land side, but 
ascending the Appalachicola in vessel loads; thus the Indians have 
been compelled to take up arms to defend their homes from a set of 
lawless invaders. Your known philanthrophy and good will to the 
Indians, induces the head chiefs to hope that you will lose no time 
in using your influence to put a stop to those invasions of their lands, 
and order that those who have already presumed to seize our fields 
may retire therefrom. 

The Indians have seized two persons they think have been 
greatly instrumental in bringing the Americans npon them, and they 
are now in their possession as prisoners. It is even reported they 
have made sales of Indian lands without the knowledge, consent, or 
approbation of the chiefs of the nation; and from their long residence 
in the nation, and the great influence the one of those people former- 
ly enjoyed among the chiefs, as their chief, there is some reason to 
believe he has been guilty of improper conduct with regard to the In- 
dian nation.f 

* (See this letter, No. 66, and governor Coppinger's answer.]"" 
t [For the remainder of this letter, see No. 6.] 
20 



154 [65] 

No. 4. 

Petition of the Chiefs of the Lower Creek Nation^ to Governor Came- 
ron. 

We, the undersigned, deputed by the chiefs of the Creek Naticm, 
to wait on your excellency, and lay before you their heavy complaints. 
To the English we have always looked up as friends, as protectors; 
and on them we now call to aid us in repelling the approaches of the 
Americans, who, regardless of treaties, are daily seizing our lands 
and robbing our people; they have already built seven forts on our 
lands; they are making roads and running lines into the very heart of 
our country; and without the interference of the English, we shall 
soon be driven from the land we inherited of our forefathers, 

Th£ Americans tell us, the English willregaid us no more, and 
that we had hetter submit to them; but we cannot submit to their 
shackles, and will rather die in defence of our country. 

When peace was made between the English and Americans, we 
were told by lieut. col E. NicholU,ihatthe Americans were to give up 
our land* they had taken, and we were desired to live quietly and 
peaceably, in no wise molesting the Americans: we have strictly fol- 
lowed these orders; but the Americans have not complied with the 
treaty. Col. Nicholls left Wm. Hambly in charge of the fort at Pros- 
pect Bluff, and with orders to hear us if any cause of complaint, and 
represent the same to the British government; but he turned traitor, 
and brought the Americans down on the fort, which was blown up, 
and many of ourred brethren destroyed in it. The ammunition and 
stores, intended for our use, were either destroyed or taken off by the 
Americans. We have sent several messengers to inform your ex- 
cellency of these proceedings of the Americans, but they have, never 
returned to us with an answer. Three of our red hrethren have late- 
ly been killed by tl^e Americans, while hunting on our own lands, and 
they threaten to attack the towns of Mickasuky and Sahwahnee, the 
only two large towns left us in the Creek nation; and without aid 
from your excellency, we cannot repel their attack. We are therefore 
deputed to demand of your excellency, the assistance of troops and 
ammunition, that we may be able to effectually repel the attack of the 
Americans, and prevent their further encroachments; and if we return 
without assistance, the Americans, who have their spies among us, 
will the more quickly come upon us. We most humbly pray your ex- 
cellency will send such a force as will be respected and make us res- 
pectable.* 

Fort Mitchell, in the forks of the Flint and Chattahouche river.. 
One above the forks on Flint river, and another almost at its head. 
One do. do. on Chattahouche, and one do. do. 

* [The undersigned paper, Kc 71, is supposed to be the.answer to this petition.] 






[65] 1S5 

(The following endorsed on the foregoing,) 

Charks Cameron, Esq. Governor, Commander in Chief, £f?e. k?c. %fa. 

I beg leave to represent to your excellency, the necessity of my 
again returning to the Indian nation, with the deputies from the 
chiefs, and as my trouble and expense can only be defrayed by per- 
mission to take goods to dispose among them, I pray your excel- 
lency will be pleased to grant me such letter or license, as prevent 
me from being captured, in case of meeting with any Spanish cruiser 
o*n the coast of Florida, 



' No. 5. 

B. Moodie to A. JLrhuthnott. 

British Consulate, 

Charleston, 8. C. Feb. 7, 1817- 

SIR, 

I duly received your letter dated, 8th January, with an enclo- 
sure which I forwarded to H. M. Envoy, the honorable Charles Ba* 
got at Washington; since that time I have received a few lines from 
him, under date 29th ulu and at his desire I transmit you a copy of 
it annexed. 

I am respectfully, Sir, 

Your very obedieni servant, 
(Signed) BENJAMIN MOODIE. 

To A. Arbuthnott, Esq. Nassau. 



Mr. Bagot to Mr. Moodie. 

Washington, January 29/A, 1817. 

SIR, 

I duly received your letter of the 20th inst. enclosing one 
{assail. I shall be obliged to you, if you wili take an imitfe* 



from Nassau, 



156 165] 

diate opportunity of writing to the gentleman from whom you re- 
ceived that letter, acquainting him from me the expenses of postage 
are so considerable, that I must request if he has occasion to write to 
me again upon the same subject, he will forward his letters by pri- 
vate opportunities only, 

I am, Sir, 

Your obedient humble servant, 

[Signed] CHARLES BAGOT 

..jfc Meodit^Esc. 



No. 6. 

Copy of a letter from A. Arbuthnott to General Mitchell, ( 'enclosed by 
Col Brearly, 27th Feb. 1S18.J 

[The last paragraph is the extract referred t6, p. 134, No. 3, ap- 
pears to be the rough draught of the other paragraphs.] 

Sahwahnee, Lower Creek Nation, 

19th January, 1818, 
To General Mitchell, 

Agent for Indian Affairs. 

SIR, 

Kenhajee, head chief of the Lower Creek nation, had called 
on me to request I would represent to you the cruel and oppressive 
conduct of the American people living on the borders of the Indian 
nation, and which he was in hopes, from a talk you were pleased to 
send him some weeks since, would have been put a stop to, and peace 
restored between the Indians and the American people; but far from 
any stop being put to their inroads and encroachments, they are 
pouring in by hundreds at a time, not only from the land side, but 
both troops and settlers ascending the Appalachicola river in vessel 
loads, that the Indians have been compelled to take up arms to de- 
fend their homes from a set of lawless invaders. 



[65] 



157 



Your known philanthrophy and good will towards the Indians in 
general, induced the chiefs 10 hope, that you will lose no time in 
using your influence to put a stop to those invasions of their lands 
and paternal birthright, and also order that those who have already 
seized on their fields may retire therefrom. 

The Indians have seized two persons known to have been great- 
ly instrumental in bringing the Americans down on their lands, and 
they are now in their possession as prisoners; ajid they have it in re- 
port, that sales of their lands have been made by those two people, 
without the consent, approbation, or knowledge of the chiefs; and 
from their long residence in the nation, and the oae having enjoyed 
great confidence in the nation, ajid with the chiefs as English inter- 
preter, there is some reason to believe those reports, when leagued 
with the swarms of Americans coming from Mobile and other places, 
seizing the best of the Indian lands, such improper sales have actu- 
ally been made. 

In taking this liberty of addressing you, Sir, in hehalf of the un- 
fortunate Indians, believe me I have no wish, but to see an end put 
to a war, which, if persisted in, I foresee must eventually be their 
ruin, and as they were not the aggressors, if in the height of their 
rage, they committed any excesses, that you will overlook them, as 
the just ebullition of an indignant spirit against an invading foe. 

I have the hprtor to be, Sir, with great respect, 

Your most obedient and humble servant, 

[Signed] A. ARBUTHNOTT, 

by order of Kenhajee and Boiegs, acting 
for themselves and the other chiefs. 

Camp, before Si. Marks, April 8, 1818. 

The foregoing letter was produced to A. Arbuthnott, on his ex- 
amination before me, and acknowleged by him to have been written 
by him to general Mitchell, agent for the Creek nation. 

[Signed] ANDREW JACKSON. 

Present, MR. FULTON. 



K. 

DEFENCE, 

May it please this Honorable Court: 

llie pr soner arraigned before you, is sensible of the 
indulgence granted by this honorable court, in tke examination of the 



158 1652 

case now before them. It is not the wish of the prisoner in making 
his defence, to tire ihe patience of the court, by a minute reference to 
the voluminous documents and papers, or to recapitulate the whole 
of the testimony; which have come before this honorable court, in the 
course of this investigation. Nor is it the intention of the prisoner 
to. waste the invaluable time of this court, by appeals to their feelings 
or sympathy, though I am persuaded that sympathy no where 
more abounds than in a generous American breast. My only ap- 
peal is to the sound and impartial judgment of this honorable court, 
the purity and uprightness of their hearts, that they will dispassion- 
ate!^ and patiently weigh the evidence which they have before them, 
apply the law; and on these, and these alone, pronounce their judg- 
ment. 

If this honorable court please, I shall now proceed to examine 
the law and evidence that is relied on by thrs honorable court, in sup- 
port of the first charge and specification. 

Winslett, a witness on the part of the prosecution, says " the Little 
Prince shew him a letter written in June last, signed A. Arbuthnott, 
requesting his friendship with the lower nations of Indians. The 
same witness stated he believed the letter to be now in the possession 
cf the Little Prince. Here, may it please this honorable court, I 
would call their attention to the laws relating to evidence. First. 
premising that the rules of evidence are the same, whether in civil or 
military tribunals, M'Com. 99. This point being conceded, the 
next inquiry is, what are the rules of evidence with respect to the 
admission of letters or papers of private correspondence, in a conn; 
of criminal jurisdiction? May it please this honorable court, must 
you not produce the original letters and papers, if they are not 
lost or mislaid, so that they cannot be obtained; and in case they are 
lost, proof must be made of the hand write, being the same of that of 
the original, before they can be received as evidence? M'Com. on 
Court Martial, Peake's Evidence, Gilbert's Law of Evidence. No 
instance can be cited where a copy of a letter was read as evidence, 
where the original could be obtained, muchless the giving in evidence 
the contents of such letters from bare recollection. The only proof 
that this honorable court has of the existence of such a letter being in 
the hands or any person, or its contents being known, is the vagrant 
memory qf a vagrant individual. Make this a rule of evidence, and 
I ask you where would implication, construction, and invention stop? 
Whose property, whose reputation, or whose life would be safe* 
Here I would beg leave to mention a remark made by the president of 
of this court, in the course of this investigation, which was, that not- 
withstanding the letter was proved by the witness to be iq the pos. 
session of the Little Prince, that this court could not notice that cir- 
cumstance, because there was no means by which it could be obtain- 
ed. I would ask the f onorable court what means have they adopt- 
ed, or what exertions they have made to procure this lettei? If the 
honorable court please, I shall here close the defence on the $np 



[65] 159 

charge and specification, believing that they ape neither supported 
by law or evidence. 

May it please the honorable court. I will now come to the se- 
cond charge, and first specification of that charge. In support of this 
charge and specification, the evidence before the court 13 a letter 
written to my son. If the court please, this letter was written in 
consequence of the situation of my property at Sahwahnee, and the 
large debts that were due me from Bowleg and his people. Nothing, 
I believe, of an inflammatory nature can be found on reading the docu- 
ment marked A, authorizing the opinion that I was prompting the 
Indians to war. On the contrary, if the honorable court will examine 
the document marked A, they will see that I wished to lull their fears, 
by informing them that it was the negroes and not the Indians that 
the Americans were principally moving against. 

If the honorable court please, I will make a few remarks upon 
the second specification, and then close my defence. In proof of this 
charge, the court have before them the evidence of Hambly, Cooke, 
and sundry letters purporting to be written by myself, to different in- 
dividuals. May it please the court, what does Cooke prove? Why, 
that I had ten kegs of powder at Sahwahnee. Let me appeal to the 
experience of this court, if they think that this quantity of powder 
would supply one thousand Indians, and an equal number of blacks, 
more than two months for hunting? As to the letters named in this 
specification, may it please the court, the rules of evidence laid down 
in the first part of this defence, will apply with equal force in the pre- 
sent case. It remains now, may it please the court, to say something 
as to Hambly's testimony. And may it piease this honorable court, 
the rule laid down in this case, as to hearsay evidence, will be found 
without a precedent. A strong case was stated by an intelligent mem- 
ber of this court, on the examination of this part of the evidence; 
" That is, would you receive as testimony, what a third person had 
said, who if present, you wouid reject as incompetent." Apply this 
principle to the present case; could an Indian be examined on oath, 
in our courts of judicature? If then the testimony of savages is inad- 
missible, Hambly proves nothing. 

Here may it please the honorable court, I close my reply to the 
charges and specifications preferred against me; being fully persuad- 
ed that should there be cause of censure, that my judges wil^ in the 
language of the law, lean to the side of mercy. 



160 [£5] 

Continuation of the minutes of the proceedhigs of a Special CouPt, 
whereof Major General Gaines is President, convened by order of 
the 26th April, 1818. 

Fort St. Marks, Wth April, ia£8. 

The court proceeded to the trial of Robert C. Armbrister, a 
British subject, who, being asked if he had any objections to any one 
of the members of the court, and replying in the negative, was ar- 
raigned on the following charges and specifications, viz: 

Charges against Robert C. Armbrister, now in custody, and who 
says he is a British subject, 

Charge ist. Aiding, abetting, and comforting th,e enemy, sup- 
plying them with the means of war, he being a subject of Great Bri- 
tain, at peace with the United States, and lately an officer in the Bri- 
tish colonial marines. 

Specification 1st. That the said Robert C. Armbrister, did give 
intelligence of the movements arid operations of the American army 
between the 1st and 20th March, 1818, and did excite them» (the ne- 
groes a- id Indians) to war against the army of the United States, by 
sending their warriors to meet and fight the American army, whose 
government was in peace and friendship with the United States,, and 
all her citizens. 

Charge 2d. Leading and commanding the Lower Creek Indians, 
in carrying on war against the United States. 

Specification 1st. That the said Robert C. Armbrister, a subject 
of Great Britain, which government was in peace and amity with the 
United States, and all her citizens, did, between the 1st of February, 
and 20th of March, 1818, levy war against the United States, by as- 
suming command of the Indians in hostility and open war with 
the United States, and ordering a party of them to meet the army of 
the United States, and give them battle; as will appear by his letters 
to governor Cameron, of New Providence, dated 20th March, 1818, 
which are marked A, B, C, and D; and the testimony of Mr. Peter 
B. Cook, and captain Lewis, of the schooner Chance. 

By order of the court, 

J. M. GLASS ELL, 

Recorder. 

To which charges and specifications, the prisoner pleaded as 
follows, viz: 

To the first charge and specification, not guilty. 

To the second charge and specification, guilty, and justif 'cation. 

The court adjourned until to-morrow morning, at-seven o'clock. 



[65] 



161 



Fort St. Marks, 28th April, 1818* 
The court met pursuant to adjournment. Present, 
Major General GAINES, President. 
Members, 
Col. King, Col. Dyer, 

Col. Williamson, Lt. Col. Lindsav, 

Lt. Col. Gibson, Lt. Col. Elliott,' 

Major Muhlenburg, Major Fanning, 

Major Montgomery, Major Minton, 

Capt. Vashon, Capt. Crittenden. 

Lieut. J. M. Glassell, Recorder, 
The recorder then read to the court the following order: 

"Head Quarters, Division of the South. 
Adjutant GeneraPs Office, 

Near St. Mark's, 28th April, 1818. 
"GENERAL ORDER. 

''Captain Allison of the 7th Infantry is detailed to form a super- 
numerary member to the special court now sitting at Fort St. Marks. 
u By order. 
"[Signed] ROBERT BUTLER, 

"Jidjt. General." 

Pursuant to the above order, the supernumerary member took 
his seat 

John Lewis Phenix, a witness on the part of the prosecution be» 
ing duly sworn, stated that about the fifth or sixth of April, 1818, his 
vessel and himself having been captured by the prisoner and he brought 
to Suwaney, as a prisoner, there was an alarm among the negroes and 
Indians created by learning some news from Mickasukee, at which 
time the prisoner appeared active in giving orders and sending a de- 
tachment to meet the American army. The witness also stated that 
the prisoner appeared to be a person vested with authority among 
the negro leaders and gave orders for their preparation for war, pro- 
curing ammunition, &c. and that the leaders came to him for orders; 
the prisoner furnished them with powder and lead, and recommend- 
ed to them the making balls, &c, very quickly. The Witness also 
stated that the prisoner occasionally dressed in uniform with his 
sword, and that on the first alarm which he understood wss from 
Mickasukee by a negro woman, he put on his uniform. The witness 
further stated, that sometime about the 20th March, 1818, the prison- 
er with an armed body of negroes (24* in number) came on board of 
his vessel, and ordered him to pilot them to fort St. Marks, which he 
stated he intended to capture before the Americans could get there, 
threaten ing to hang the witness if he did not obey. 



162 [65] 

Question by the court. Did you ever understand by whose au- 
thority and for what purpose the accused came into the country? 

Answer. I have frequently heard him say that he came to at- 
tend to Mr. Woodbine's business at the bay of Tamper. 

Question by the Prisoner. Did I not tell you when I came on 
board the schooner Chance, I wished you to pilot me to St. Marks, 
as I was informed that two Americans by the names of Hambly and 
Doyle w r ere confined there, and I wished to have them relieved from 
their confinement? 

Answer. You stated you wanted to get Hambly and Doyle 
from St. Marks; I do not know what were your intentions in so do- 
ing. 

Question. Did I not tell you that I expected the Indians would 
lire on me when I arrived at St. Marks? 

Answer. You did not; you stated that you intended to take the 
Fort in the night by surprise, • 

Question. Did you see me give ammunition to the negroes and 
Indians, if so, how much and at what time? 

Answer. I saw you give powder and lead to the negroes when 
you came on board, and advised th^m to make balls, and I saw you 
give liquor and paint to the Indians. 

Question. Have you not often heard me say, between the 1st 
and 20th of April, that I would not have any thing to do with the ne- 
groes and Indians, in exciting them to war with the United States? 

Answer. About the 15th of April, I heard you say, you would 
not have any thing to do with the negroes and Indians; I heard noth- 
ing about exciting them to war. 

Question. Can you read writing? 

Answer. Not English writing. 

Question. Did you not hear me say when arriving at Sahwah- 
nee, that I wished to be off immediately for Providenee? 

Answer. I did not; after the alarm, you said you wished to be 
off for Tamper. 

Question. Did you not say to the accused, you wished to visit 
Mr* Arbuthnott at his store on Suwany, and get provisions yourself? 

Answer. I did not; I stated I wanted provisions. 

Question. Did I send or command any Indians to go and fight 
the Americans? 

Answer. I did not exactly know that you sent them; the Indi- 
ans and negroes were crowding before your door, and you were divid- 
ing the paint, &c. among them; and I understood a party was going 
to march. 

Question. Did I not give up the schooner in charge to you as 
captain? 

Answer. After our return from Suwany town, you directed me 
to take charge of her to go to Tamper. 

John J. Arbuthnott, a witness on the part of the prosecution, be- 
ing duly sworn, stated; that sometime about the 23d March, the pri- 



[6 53 



163 



soner came with a body of negroes, partly armed, to his father's 
store, on Suwany river, and told the witness that he had come to do 
justice to the country, by taking the goods and distributing them 
among the negroes and Indians; which the witness saw the prisoner 
do; and that the prisoner stated to him, that he had come to the coun- 
try on Woodbine's business, to see the negroes righted. The witness 
has further known the prisoner to give orders to the negroes, and that 
at his suggestion, a party was sent from Suwany to meet the Ameri- 
cans, to give them battle; which party returned on meeting the Mick- 
asukee Indians in their flight. The witness also testified to the hand 
writing of the letter, marked A, and referred to in the specification 
of the ^d charge, as the writing of the prisoner. 

Question by the Prisoner, Did you hear me say, that I came on 
Woodbine's business? » 

Answer. I did. 

Question by the Prisoner. Were not the negroes alluded to, at 
Arbuthnott's store before I arrived? 

Answer. No you came with them* 

Peter B. Cook, a witness on the part of the prosecution, being 
duly sworn, stated; that he never heard the prisoner give any orders 
to Indians or negroes; that the prisoner did distribute Arbuthnott's 
goods, and also paint, to the negroes and Indians; also that some 
powder was brought from Suwany by the prisoner, and distribu* 
ted among the negroes by Nero* Sometime in March, the pri- 
soner took Arbutnott's schooner, and with an armed party of negroes , 
about 24 in number, set out for St. Marks, for the purpose of taking 
Arbuthnott's goods at that place, and stated that he would compel the 
commandant to give them up. On hearing of the approach of the 
American army, the prisoner told the negroes it was useless for them 
to run, for if they ran any further, they would be driven into the sea. 

The prisoner told the witness, that he had been a lieutenant in 
the British army, under col. Nicholis, The prisoner was sent by 
Woodbine to Tamper, to see about those negroes he had left there. 
The prisoner told the witness, that he had written a letter to governor 
Cameron, for ammunition for the Indians sometime in March, and 
also told the witness, that he had a commission in the patriot army, 
under M'Gregor, and that he expected a captaincy. The witness 
testified that the letters, marked A, B, C, and D, and referred to 
in the specification to the second charge, were in the hand writing 
of the prisoner, also one marked E. 

Question by the Prisoner. Did you not frequently hear me say, 
that I would have nothing to do with the Indians, in exciting them to 
war with the United States? 

Answer. I do not recollect. 

Question. Are you acquainted with Lewis Phenix, and have 
you not heard him express ill will against me, in consequence of my 
wishing him to pilot me to St. Mark?? 



}<H [653 

Answer* I never did. 

Question. Do you know my sending troops at any time to fight 
against the United States; and have I not been constantly with you; 
so that you would have had an opportunity of knowing if there had 
been any sent by me? 

Answer. I have not. They might have been sent without my 
knowledge. 

Jacob Harmon* a witness on the part of the prosecution, being 
duly sworn, stated, that some time in the latter end of March, or first of 
April, the prisoner took possession of the schooner Chance, with aa 
armed party of negroes, and stated his intentions of taking St. Marks* 
On his way thither, on going ashore, he learned from some Indians, that 
Arbuthnott had gone to St. Marks, which induced him to return. 
The witness also stated, that while the prisoner was on board, he had 
complete command of the negroes, who considered him as their cap- 
tain. The prisoner took the cargo of the vessel, up towards Suwany, 
which consisted of, with other articles, nine kegs of powder, and five 
hundred pounds of lead. 

The evidence on both sides being closed, the prisoner was allow- 
ed until five o'clock this evening to make his defence. 

The time allowed the prisoner, for the preparation of his defence 
having expired, he was brought before the court, and made the de- 
fence marked M, which is attached to these proceedings. 

The court was then cleared, and the proceedings read over by 
the recorder, when, after due deliberation on the testimony brought 
forward, the court find the prisoner, Robert^C. Armbrister, guilty of 
so much of the specification to the first charge as follows, viz: ** And 
did excite them to war with the United States, by sending their war- 
tiors to meet and fight the American army, he being a subject of 
treat Britain, which government was at peace and friendship with the 
"United "States and all her citizens;" but not guilty of the other part of 
the specification; guilty of the first charge; guilty of the specification 
<bf the second charge; and guilty of the second charge; and do there- 
foie sentence the prisoner, Robert C. Armbrister, to suffer death, by 
DeingsAof, two-thirds of the members of the court concurring therein. 

One of the members of the court, requesting a reconsideration 
6f his vote on the sentence, the sense of the court was taken thereon, 
and deciding in the affirmative, when the vote was again taken, and 
the court sentenced the prisoner to receive fifty stripes on his bare 
Sack, and be confined with a bail and chain, at hard labour, for twelve 
Calendar months. 

The court adjourned sine die* 

(Signed) EDMUND P. GAINES, 

Maj. Gen* by brevet* Preset, of the courh 

(Signed!) Jf. M. Gi»assell, 

Recorder, 



C«] 



mi 



From. Robert Armbrister to his excellency Charles Cameron, Qo'oernor 

Bahamas, 

Sahwahnee, near Fort St. Marks t 

March 20th, 18*8. 

SIR, 

I am requested particularly by all our Indian chiefs, to acquaint 
your excellency, that the Americans have commenced hostilities with them 
two years ago, and have advanced some considerable distance in their 
country, and are now making daily progress; they say, they sent a num- 
ber of letters to your excellency, by Mr. Arbuthnott, but have never re-/ 
ceived one answer; which makes them believe that he never delivered 
them, and will oblige them much, if you will let them know whether he 
did or not. The purport of the letters were, begging your excellency to 
be kind enough to send them down some gun powder, muskets, balls, lead* 
cannon, &c. as they are now completely out of those articles. The 
Americans may march through the whole territory in one month, and with- 
out arms, &c. &c. they must surrender. Alias Hadjo, or Francis, the In- 
dian chief, the one that was in England, tells me to let your excellency 
know, that the prince regent told him, that whenever he wanted ammu- 
nition, that your excellency would supply him with as much as he wanted. 

They beg me to press upon your excellency's mind, to send the 
abovementioned articles down by the vessel that brings this to you, as she 
will sail for this place immediately, and let the prince regent know of 
their situation. Any letters that your excellency may send down, be 
good enough to direct to me, as they have great dependence in my writing. 
Any news that your excellency may have, respecting them and Ameri- 
ca, will be doing a great favor to let me know, that I may send among 
them. 

There is now a very large body of Americans and Indians, who I ex- 
pect will attack us everyday, and God only knows how it will be decided; 
but I must only say, that this will be the last effort with us. There has 
been a bady of Indians gone to meet them, and I have sent another par- 
ty; I hope your excellency will be pleased to grant the favor they request. 
I have nothing further to add, 

But I am, Sir, 

With due respect, 

Your ob't. humble servant, 

ROBERT C ARMBRISTER 



166 [65J 

B. 

From Robert Armor ister, to Brevet Major Edward Nicholls. 

Sahwahnee, near river Jlppalachkola. 

Bear Sib, 

Francis, and all the Indian chiefs, have requested me particularly 
to acquaint you, that the Americans have commenced hostilities with them 
this two years past, and are making daily progress in their territory, and 
say they will proceed. That you are the only friend they have in that 
part of the world, and hope that you exert yourself in their behalf, and 
ask for as much assistance as can be had; that the Americans are at the 
forks of the river Appalachicola. They have written a number of times 
to England and Providence, but have never received one answer; they 
expect the man never delivered the letters; but they have full hopes in my 
writing. They request you will make the prince regent acquainted with 
their deplorable situation. The Americans have been very cruel since 
they have commenced, and hope you will lose not a single moment in 
forwarding their views. They say, they will be extremely happy to see 
you out, nothing would give them greater pleasure than to see you out, at 
this present time. If they should not see you, to send them out all 
news and directions, that they may be guided by it 

There is about three hundred blacks at this place, a few of our Bluff 
people; they beg me to say, they depend on your promises, and expect 
you are on the way out, that they have stuck to the cause, and will al- 
ways believe in the faith of you, and any directions you nmy give, send to 
me at this place, and I will do what I can. 

I remain, my dear sir, 

Most truly yours, 

ROBERT C. ARMBRISTER. 

N. B. Francis says, you must bring the horses when you come out, 
that you promised; and that his house has been burnt down, and burnt his 
uniform clothes. 

R. A. 



His Excelle?icy Charles Cameron Esq. Effc. &?c, &fc. 

March 20th> 1818. 

SIR, 

I am requested particularly by the Indian chiefs, to acquaint 
your excellency, that the Americans have commenced hostilities with 



them a long time since, and have advanced some distance in their ter- 
ritory, and are still continuing to advance.. That they, the chiefs ofFlor- 
ida, have sent repeatedly to your excellency, and have never receiv. 
ed one answer; they suspect Mr. Arbuthnott has never delivered the 
papers to your excellency; they wish me to state to you, that they 
are completely out of ammunition, muskets, &c. begging your excel- 
lency will be pleased to send them the articles abovementioned, with 
a few cannon, as the Americans build their boats so strong, that their 
rifle balls cannot penetrate their sides. — The captain of the vessel who 
will come down again, I have given orders to make your excellency 
acquainted what time the vessel will sail for this place. Your excel- 
lency will I hope, be good enough to make the Prince Regent ac- 
quainted with their situation and ask for assistance, which they have 
pressed me very hard to press on your excellency's mind, and like, 
wise to send them down what news may be respecting them and the 
country, which will be a great satisfaction to them. 

I have the honor to be, 

Sir, with due respect. 

Your most obdt. humble servt. 

ROBERT C. ARMBRISTER. 

N. B. They beg your excellency will be as expeditious as possible, 
That your excellency is the only dependence they havt > and to whom 
the Prince Regent told them, would give them every assistance that 
laid in your power. 

ROBERT C. ARMBRISTER, 



D. 

tils excellency governor Cameron, &c, &?£• &?<;.. 

Sahwahnee* 20 th March, IB 18, 
Near Fort St, Marks. 
SIR, 

I am requested by Francis, and all the Indian chiefs, to acquaint 
your excellency, that they are at war with the Americans, and have 
been some time back. That they are in great distress^ for the want 



168 L65] 

of ammunition, balls, arms, &e. and have wrote by Mr. Arbuthnott, 
several times, but they suppose he never delivered them to your excel- 
lency. You will oblige them much, to let them know whether he did 
or not. I expect the Americans and Indians will attack us daily I 
have sent a party of men to oppose them. 

They beg me to press on your excellency's mind, to lay the situa- 
tion of the country before the prince regent, and ask for assistance. 
All news respecting them, your excellency Will do a favor to let me 
know by the first opportunity, that I may make them acquainted. I 
have given directions to the captain, to let your excellency know when 
the vessel will sail for this place. 

I hope your excellency will be pleased to send them the ammu- 
nition. I expect, if they don't procure some very shortly, that the 
Americans will march through the country. I have nothing further 
to add* 

But am, dear sir, 

Your most obedient, humble servant, 

ROBT. C. ARMBRISTER, 



Robert C Armbrister to Peter Cook. 

Mouth River*. 
Bear Cook, 

The boat arrived here about three o'clock on Tuesday. The 
^vind has been ahead ever since. I have been down; the rudder of 
the vessel is in a bad condition, but I will manage to have it done to- 
night. The wind, I am in hopes, will be fair in the rooming, when I 
will get under way, and make all possible despatch I will make old 
Lewy pilot me safe. If those Indians don't conduct themselves 
strait, I would use rigorous measures with them. Beware of Mr« 
Jerry; I found him on board when I came; keep a good look out. I 
"have sent two kegs of powder, and a bar of lead. 

Yours, &c. 

R.A. 

Tuesday, 3 o'clock- 



[65j 163 

Defence M. 

Fort Si. Marks, April 28th, 1818. 

Tfie United Slates of America, 

vs. 
Robert Christy Armbrister, 

Who being arraigned before a special court martial, upon the 
following charges, to wit: 

1st, Aiding, and abetting, and comforting the enemy, supplying 
them with the means of war; he being a subject of Great Britain, at 
peace with the United States, and lately an officer in the British colo- 
nial marines. 

Charges 2d. Leading and commanding the lower Creek Indians, 
in carrying on war against the United States. 

To the first charge, the prisoner at the bar, plead not guilty; and 
as to the second charge, he plead guilty, and justification. The pri« 
soner at the bar feels grateful to this honorable court, for their good* 
ness in giving him a sufficiency of time to deliberate aud arrange his 
defence on the above charges. 

The prisoner at the bar, here avils himself of the opportunity of 
stating to this court, that, inasmuch as the testimony which was in- 
troduced in this case, was very explicit, and went to every point the 
prisoner could possibly wish, he has nothing further to offer in his 
defence, but puts himself upon the mercy of this honorable court. 

(Signed) ROBERT C. ARMBRISTER. 



Head Quarters, Division of the South, 
Adft. General's office, Camp, four miles 
North of St. Marks, April 29th, 1818, 

j GENERAL ORDER. 

At a speotal court martial, commenced on the 26th instant, at 
St. Marks, and continued until the night of the 28th, of which brevet 
major general E. P. Gaines is president, was tried A. Arbuthnott, on 
the following charges and specifications, viz: 

Charge 1st. Exciting and stirring up the Creek Indians to war 
against the United States and her citizens, he, A. Arbuthnott, being a 
subject of Great Britain, with whom the United States are at peace. 

Charge 2d. Acting as a spy, aiding, abetting, and comfort- 
ing the enemy, and supplying them with the means of war. 

Charge 3d. Exciting the Indians to murder and destroy Wm. 
Hambly, and Edmund Doyle, confiscate their property, and causing 
22 



170 £65] 

their arrest, with a view to their condemnation to death, and the seiz- 
ure of their property, they being citizens of Spain, on account of 
their active and zealous exertions to maintain peace between Spain, 
the United States, and the Indians. 

To which charges the prisoner pleaded, not guilty. 

The court, after mature deliberation on the evidence adduced, 
find the prisoner, A- Arbuthnott, guilty of the first charge, and guilty 
of the second charge, leaving out the words " acting as a spy:" and 
after mature reflection, sentence him, A. Arbuthnott, to be suspended 
by the neck, until he is dead. 

Was also tried, Robert C. Armbrister, on the following charges, 
viz: 

Charge 1st. Aiding, abetting, and comforting the enemy, and 
supplying them with the means of war, he being a subject of Great 
Britain, (who are at peace with the United States) and late an officer 
of the British colonial marines. 

Charge 2d. Leading and commanding the lower Creek Indians 
in carrying on war against the United States. 

To which charges the prisoner pleaded as follows, viz: 

To the first charge, not guilty. To the second charge, guilty, 
and justification. 

The court, on examinatioa of evidence, and on mature delibera- 
tion, find the prisoner, Robert C. Armbrister, guilty of the first and 
second charges, and do therefore sentence him to suffer death, by be- 
ing shot. The members requesting a reconsideration of the vote on 
this sentence, and it being had, they sentence the prisoner to receive 
fifty stripes on his bare back, and be confined with a ball and chain to 
hard labour, for twelve calendar months. 

The commanding general approves the finding and sentence of 
the court, in the case of A. Arbuthnott; and approves the finding and 
first sentence of the court in the case of Robert C. Armbristerj and 
disapproves the reconsideration of the sentence of the honorable court 
in his case. It appearing from the evidence and pleading of the pri- 
soner, that he did lead and command within the territory of Spain, (be- 
ing a subject of Great Britain) the Indians in war against the United 
States; the nation being at peace. It is an established principle of 
the laws of nations, that any individual of a nation, making war against 
the citizens of another nation, they being at peace, forfeits his alle- 
giance, and becomes an outlaw and pirate. This is the case of Robert 
C. Armbrister, clearly shown by the evidence adduced. 

,- The commanding general orders, that brevet major A. C. W. 
Fanning, of the corps of artillery, will have, between the hours of eight 
and nine o'clock A. M. A. Arbuthnott suspended by the neck with a 
rope, until he is dead; and Robert C. Armbrister to be shot to death* 
agreeably to the sentence of the court. 

John James Arbuthnott, will be furnished with a passage to Pea- 
sacola, by the -first vessel. 



[65] 



171 



Captain R K.Call, ofthe 1st regiment infantry, is appointed vo- 
lunteer aid-de-camp, to the commanding general, until further orders. 

The special court, of which brevet major general E. P. Gainer, 
is president, is dissolved. 

By order of major general A. Jackson. 

ROBERT BUTLER. 

Adjutant General. 



No. 50. 
Extracts from Message of 25ih March) 1818, pages 7, 8, 1 1, 12, 14, 22. 

Extract of a letter from the governor of Georgia to general Gaines, dat- 
ed Milledgexnlle, 5th February, 1817. 

"You, no doubt, have already been informed, that the notorious 
Woodbine has recently made his appearance again, at the mouth of the 
Appalachicola, and that he has an agent bow among the Seminole Indi- 
ans and negroes in that quarter, stirring them up to acts of hostilities 
against this country; and that Woodbine himself has gone, in an armed 
vessel, to some part of the West Indies for supplies. Connected with 
this fact, is another which my serve as an intimation of the future con- 
duct of these people, when once in the possession of the supplies which 
it is said they expect, en the return of Woodbine. About ten or twelve 
days ago, a small party of those Indians entered the frontier of Wayne 
county, and stole two horses and some cattle: they were pursued by some 
of the inhabitants, who peaceably demanded a restoration of the stolen 
property; and instead of a compliance on the part of the Indians, they im- 
mediately fired upon the whites, who retired without returning a shot. — 
One of the whites was mortally wounded." 



Extract of a letter from George Ferryman to lieutenant Sands, dated 

February 24, 181T. 

<c The charge given me by col. Clinch and yourself, and other officers 
of the United States, induces me to believe there is a confidence placed 
in me, which I ought not to deceive. I therefore think it my duty, as well 
as my inclination, to give you the following information: there was a 
friend of mine, not long since, in the Fowl-town on Flint, and he saw 
many horses, cattle, and hogs, that had come immediately from the state 
of Georgia; and they are bringing them away continually. They speak 
in the most contemptuous manner of the Americans, and threaten to have 
satisfaction for what has been done; meaning the destruction of the ne- 
gro fort. There is another of my acquaintances returned immediately 
from the Seminole towns, and saw the negroes on parade there: he count- 



172 [65] 

ed about 600 that bore arms: they have chosen officers of every descrip- 
tion, and endeavour to keep up a regular discipline, and are very strict in 
puniahing violators of their military rules. There is said to be about the 
same number of Indians, belonging to their party, and there are both ne- 
groes and Indians daily going to their standard. They say they are in 
complete fix for fighting, and wish for an engagement with the Americans, 
or M'lntosh's troops; they would let them know they had something more 
to do than they had at Apalachicola. They have chosen Bowlegs for 
their head, and nominated him king, and pay him all kind of monarchial 
respect, almost to idolatry, keeping a picket guard at the distance of five 
miles. They have a number of the likeliest American horses; but there 
is one or two chiefs that is not of the choir. Kenhagee, the Micasukey 
chief, is one that is an exception/' 



Extract of a letter from Archibald Clarke intendant, St Mary's, Geor- 
gia, to Gen, Gaines, dated February %6th 1817. 

"On the 2&th instant, the house of Mr. Garret, residingin the up- 
per part of this county, near the boundary of Wayne county, was at- 
tacked during his absence, near the middle of the day, by this party, 
consisting of about fifteen, who shot Mrs. Garret, in two places, and 
then despatched her by stabbing and scalping. Her two children, one 
about >hree years, the other two months, were also murdered, and 
the eldest scalped: the house was then plundered of every article of 
value, and set on fire." 



Extract of a letter from Richard M. Sands, 4th Infantry, commanding at 
Fort Gahus, Georgia, to Col. William King, or officer commanding 
the 4th Regt. Infantry, dated March 1 5^,1817. 

"I enclose, for your information, two letters, which I received a 
few days since. Yesterday William Perryman, accompanied by tw« 
of the lower chiefs arrived here; he informs me, that McQueen, the 
chief mentioned in one of the enclosed letters, is, at present, one of 
the heads of the hostiles: that they are anxious for war, and have 
lately murdered a woman and two children. He likewise says, that 
he expects the news in George Perryman's letter, is true; for there 
are talks going through the towns, that the English are to be at Oko- 
loking river in three months." 



Extracts of a letter from David B. Mitchell, Indian ament to the Secreta- 
ry of War, dated at Milledgeville, Georgia, March 30th, 1817. 

"By yesterday's mail, I received a letter from Mr. Timothy Bar- 
nard, who resides at Flint River, in the Indian country, a considerable 



[65] 



173 



distance below the agency, in which he observes, I have been informed 
two days past, from below, where the Red Stick class reside, that a 
party has been down near St. Mary's and murdered a woman and two 
children, and brought off some horses. " U I will further state, that I 
have received information from other persons, at and near Fort 
Gaines, that a British agent is now among these hostile Indians, and 
that he has been sending insolent messages to the friendly Indians 
and white men settled above the Spanish lint: he is also charged with 
stimulating the Indians to their present hostile aspect; but whether 
he is an acknowledged agent of any foreign power, or a mere adven- 
turer, I do not pretend to determine; but am disposed to believe him 
the latter." 



Extract of a letter from Gen. Gaines to the Secretary of War, dated 
Camp Montgomery, M. T. ^prilSd^XSlT. 

"I received by the last mail, a letter from Archibald Clarke, Esq* 
intendant of the town of St. Marys, by which it appears that another 
outrage,of uncommon crueltv,has recently been perpetrated by a par- 
ty of Indians upon the southern frontier, near the boundary of Wayne 
county. They have massacred a woman, Mrs. Garret, and two of 
her children, the mother and eldest child were scalped; the house 
plundered and burnt." J 



Extract of a letter from Jl. Culloh, to Genenal Gaines, written at Fort 

§ Gaines. 

" We are hourly told by every source of information, by the friend- 
ly Indians, by letters from William Hambly and Edmund Doyle, who re- 
side low down on the Appalachicola, that all the lower tribes of Indians 
have embodied, and are drying their meats to come on to the attack of this 
post. The British agent at Oakelockiness sound is giving presents to the 
Indians. We have among us Indians who have been down and received 
powder, lead, tomahawks, knives, and a drum for each town, witt the royal 
Coat of arms painted on it. We have at this time, at least five hundred 
Indians skulking in this neighborhood, within three or four miles of us, 
who will not act for themselves, and who are evidently waiting for the 
signal to strike an effectual blow. They have stolen almost every horse 
belonging to the citizens. They have scared them from the fields which 
they have cleared, and have taken possession of their houses. They are 
now stealing horses, cattle, and hogs from the Georgia lines; and have 
killed one or two families on the St. Tillas." 



174 [&5J 

Extract of a letter from General Gaines to Major General Andrew Jfecfc" 
son, dated Fort Scott, Georgia, 2\st November, 1817. 

" The first brigade arrived at this place on the 19th instant. I had 
previously sent an Indian runner, to notify the first town chief, E-me-he- 
mant-by, of my arrival, and with a view to ascertain whether his hostile 
temper had abated, requesting him to visit me. He replyed that he had 
already said to the commanding officer here, all he had to say, and he 
would not come." 

" Among the articles found in the house of the chief, was a British 
uniform coat (scarlet) with a pair of gold epauletts, and a certificate sign- 
ed by a British captain of marines, " Robert White, in the absence of col. 
Nicholls," stating that the chief had always been a true and faithful 
friend to the British. 

" The reports of friendly Indians, concur in estimating the number 
of hostile warriors, including the Red Sticks and Seminoles, at more 
than two thousand, besides the blacks amounting to near four hundred 
men, and increasing by runaways from Georgia. They have been pro- 
mised, as several Indians informs me, assistance from the English at New 
Providence. This promise, though made by Woodbine, is relied on by 
most of the Seminole Indians. I have not a doubt but they will sue for 
peace, as soon as they find their hopes of British aid, to be without a 
foundation. " 



General Gaines to the Secretary of War — jvith a Talk. 
No. 51. a. 
Head Quarters, Fort Scott, (Geo. J December 2d, 181:. 



SIR, 



I had the honor to receive, on the 26th ultimo, your communication 
of the 30th October. 

I am very happy to find that the President approves of my move- 
ment, but I much regret that his just expectations, as to the effect there 
was reason to believe would be produced on the minds of the Indians by 
this movement, have not been realized. I am now quite convinced, that 
the hostility of these Indians is, and has long since been, of so deep a 
character, as to leave no ground to calculate upon tranquillity, or the fu* 
ture security of our frontier settlements, until the towns south and east 
of this place, shall receive a signal proof of our ability and willingness 
to retaliate for every outrage. It is now my painful duty to report an 
affair of a more serious and decisive nature than has heretofore occurred* 






[653 



175 



anjl which leaves no doubt of the necessity of an immediate application 
of force, and active measures on our part, A large party of Seminole 
Indians, on the 30th ult. formed an ambuscade upon the Apalachicol a ri- 
ver, a mile below the junction of the Flint and Chatahouchie, attack- 
ed one of our boats ascending near the shore, and killed, wounded, and 
took the greater part of the detachment, consisting of 40 men, command- 
ed by It. R. W. Scott, of the 7th infantry. There were also on board, kil- 
led or taken, seven women, the wives of soldiers. Six men of the de- 
tachment only escaped, four of whom were wounded. They report that 
tUe strength of the current at the point of attack had obliged the lieut. 
to keep his boat near the shore; that the Indians had formed along the 
banks of the river, and were not discovered till their fire had commenced, 
in the first volley of which lieut. Scott and his most valuable men fell. 

The lieutenant and his party had been sent from this place some days 
before, to assist major Muhlenberg in ascending the river with three ves- 
sels laden with military stores brought from Montgomery and Mobile.-— 
The major instead of retaining the party to assist him, as I had advised, 
(see enclosure No. 2) retained only about 20 men, and in their place put 
a like number of sick, with the women, and some regimental clothing. 
The boat thus laden was detached alone for this place. It is due to major 
Muhlenberg to observe, that at the time he detached the boat, I have rea- 
son to believe he was not apprised of any recent hostilities having taken 
place in this quarter. It appears, however, from lieut. Scott's letter, 
received about the hour in which he was attacked, (see enclosure No. 3) 
that he had been warned of the danger. Upon the receipt of this letter, 
I had two boats fitted up, with covers and port holes, for defence, and de- 
tached captain Clinch with an officer and 40 men, with an order to secure 
the movement of lieut. Scott, and then to assist major Muhlenberg. 

This detachment embarked in the evening of the 30th, and must have 
passed the scene of action below, at night, and some hours after the affair 
terminated. I have not yet heard from captain Clinch. I shall immedi- 
ately strenghen the detachment under major Muhlenberg with another 
boat, secured against the enemv's fire. He will therefore move up with safe- 
ty, keeping near the middle of the river. I shall moreover take a position 
with my principal force, at the junction of the river, near the line, and 
shall attack any vessel that may attempt to intercept our vessel and sup- 
plies below, as I feel persuaded the order of the President prohibiting an 
attack upon the Indians below the line, has reference only to the past, and 
not to the present or future outrages, such as the one just nowperpetrat- 
, ed, and such as shall place our troops strictly within the pale of natural 
- law, where self-defence is sanctioned by the privelege of self-preservation. 
The wounded men who made their escape, concur in the opinion, that 
L they had seen upwards of 500 hostile Indian warriors, at different places 
L below the point of attack. Of the force engaged, they differ in opinion; 
jl but all agree that the number was very considerable, extending about 150 
t yards along the shore, in the edge of a swamp or thick woods. I am as- 
j f sured by the friendly chief, that the hostile warriors of every town upon 
i the Chatahoochie, prepared canoes, and pushed off down the river to join 
the Seminoles, as soon as the account of my movement from the Alabama 
reached them. 

The Indians now remaining upon the Chatahoochie, I have reason to 
believe are well disposed. One of the new settlers, however, has recent- 



176 [65] 

}y been killed; but it has been clearly proved, that the murderer had be- 
longed to the hostile party. The friendly chiefs in the neighborhood, 
when apprised of the murder, assembled a party, and sent in pursuit of 
the offender, and followed him to the Flint river, on the route to Micka- 
suky, whither he escaped. Onishajo, and several other friendly chiefs, 
have offered me their services, with their warriors to go against the Semi- 
noles. I have promised to give them notice of the time that may be fixed 
for my departure, and then to accept their services. The enclosure, No. 
1, contains the substance of what I have said to the chiefs who have visited 
me; several of whom reside south of the Spanish line and west of Apa- 
lachicola river. It was expected by the chiefs, that I should communi- 
cate to them my views and wishes. I felt authorised to say but little, and 
I deemed it necessary, in what I should say, to endeavor to counteract the 
erroneous impressions by which they have been misled by pretended Bri- 
tish agents. 

I hope the President will see, in what I have said, nothing to disap- 
prove. I feel persuaded a report of the various talks which I received 
from the 4 chiefs, would shew the propriety of what I have said to them. — 
Such a report, I have not a moment's time now to make. The Indians 
are at this moment firing at our camp from the opposite line of the river. 

I have the honor to be, most respectfully, your obedient servant, 

(Signed) EDMUND P.GAINES, 

Major Gen. Commanding 



Talk enclosed in 51. a. (No. \.) 

Chiefs and Warriors, 

The President of the United States has been informed of the murders 
and thefts, committed by the hostile Indians, in this part of the country. 
He has authorized general Jackson to arrest the offenders, and cause jus- 
tice to be done. The Indians have been required to deliver up the mur- 
derers of our citizens, and the stolen property; but they refused to deliv- 
er either. They have had a council at Mickasukee, in which, they have 
determined upon war. They have been at war against helpless women 
and children; let them now calculate upon fighting men. We have long 
known that we had enemies east of this river; we likewise know we 
have some friends; but they are so mixed together, we cannot always dis- 
tinguish the one from the other. The President wishing to do justise to 
his red friends and children, has given orders for the bad to be separated 
from the good* Those who have taken up arms against him, and such as 
have listened to the bad talks of the people beyond the sea, must go 
to Mickasukee, Suwaney, where we wish to find them together. But all 
those who were our friends in the war, will sit still at their homes, in 
peace. We will pay them for what corn and meat they have to sell us. 
We will be their friends, and when they are hungry, we will give them 
meat. The hostile party pretend to calculate upon help from the British! 






05] 



wt 



as well look for soldiers from the moon, to help them. Their warrior.3 
were beaten and driven from our country, by American troops. The En- 
glish are not able to help themselves; how then should they help the out 
••", Red Sticks^' whom they have ruined by pretended friendship? 



No. 51. b. (No. &) 

Qenenal Gaines to major Muhhnbev^ 

Fort Scott, November, 1&17. 

SIR, 

The waters having risen sufficiently high to enable you to ascend 
the river with all the vessels, I wish you to do so, though it should take 
longer than I had anticipated. You can avail yourself of the a.id of lieu- 
tenant Scott's detachment to expedite your movement hither. Keep 
your vessels near to each other; and should you meet any insuper- 
able obstacle, endeavour to apprise me thereof, and you shall have addi° 
tional relief. Wishing to see you soon, with your fleet, 

I remain with great regard, your obedient servant, 

(Signed) E. P. GAINES* 

To major Muhlenberg, 
Comdg. the U, S. troops, 
ascending Jippalachicola river. 



Nq. 51. cr (No. 5.) 
Lieutenant Scott to general Gaines^ 

Spanish Bluff, 28th November > 1817. 

SIB, 

Enclosed you will receive major Muhlenberg's communication, which 
he directs me. to forward to you by express, from this place. Mr. Ham* 
23 



17* [65] 

bjy informs me, that Indians are assembling at the junction of the 
river, where they intend to make a stand against those vessels, coming 
L'p the river. Should this be the case, I am not able to make a stand 
against them. My command does not exceed forty men, and one half 
Sick, and without arms. I leave this immediately. 

I am, respectfully, 

Your Obedient servant, 

(Signed) R. W. SCOTT, 

Lieut. 7lh Infantry Comdg. detachment. 

Note. The bearer of this is entitled to three dollars, on delivering 
this: letter. The Indians have a repdrrt here, the Indians have beaten th!£» 
white people* 



No.51r-tf. 



General Gaines to Captain Clinch* 

Read Quarters, Fori Scott, 

November SO, 181T- 

You will embark with the party assigned you, on board the two- 
covered boats; descend the river until you meet with lieutenant Scott; 
deliver to him a cover for his boat, and give him such assistance as in 
vour judgment shall be necessary to secure his party, and expedite his 
movement to this place. You will then proceed with the residue of your 
command down the river, until you meet with major Muhlenberg, report 
to him, and act under his orders. You will in no case put your command 
in the power of the Indians near the shore. Be constantly on the alert, 
remember that United States' troops can never be surprised by Indians, 
without a loss of honor, to say nothing of th-e loss of strength, that might 
ensue. 

To Captain Clinch, 7th Inftintry. 



[6^3 



17* 



1*0* 52, 

Gweral Jacksbn to the Secretary of War, 

Head Quarters, Division of the South, 

B&wie*fs Town, Suwaaey river, 

ZOthJlpHl, 1818. * 

Sri** 

My last communication, dated camp before St. Marks, 8th April, 
and those to which it referred, advised you of my movements and op- 
erations up to that date, and as I then advised you, I marched from that 
place on the morning of the 9th. On the evening of the 10th, I was join^ 
ed by the rear of the Tennessee volunteers; also by the Indians under 
general M'Intosh, whom I had left at Mickasuky, to scour the country 
around that place. Although the weather has been dry and pleasant, and* 
the waters had subsided in a great degree, our march might be said tp 
have been through water, which kept the infantry wet to the middle, and 
the depth of the swamps, added to the want of forage, occasioned the 
horses to give out daily in great numbers. On the morning of the 12th, 
near Econnnnah, or natural bridge, a party of Indians were discovered 
dn the margin of a swamp, and attacked by general. M'fntOsh and about 
50 Tennessee volunteers, who routed them, killing 37 warriors, and cap- 
turing six men, and ninety -seven women and children; also recapturing 
a white woman who had been taken at the massacre of Scott. The 
friendly Indians also took some horses, and about 500 head of cattle from 
the enemy, who proved to be M'Queeirs party. Upon the application of 
an old woman of the prisoners, 1 agreed that if M'Qu.een was tied and 
carried to the commandant at St. Marks, her people should be received 
in peace; carried to the upper tribes of the Creek nation, and there pro- 
visioned until they could raise their own crops. She appeared much 
pleased with those terms, and I set her at liberty with written instruc- 
tions to the commandant of St. Marks to that effect. Having received 
no farther intelligence from M'Queen, I am ind'iced to believe the old 
woman has complied with her part of the obligation. 

From St. Marks, I marched with ,8 days rations, those that joined 
me having but five; this was done under the expectation, of reaching this 
place in that time, founded on the report of my faithful Indian guide, 
which I should have accomplished, but for the poverty of my horses, and 
the continued sheets of water through which we had to pass. On the 
morning of the 15th, my scouts overtook a small party of Indians, killing 
one man, and capturing the residue, consisting of one man and woman, 
and two children, and on that evening Ijencamped, as my guide suppos- 
ed, within 12 miles of Suwaney. I marched vivy early on the 16th, un- 
der the hope of being able to encompass and attack, the Indian and negro 
towns by one o'clock P. M. but much to my regret, at 3 o'clock, and af- 
ter marching 16 miles, we reached a remarkable pond which my guide 
recollected, and reported to be distant six miles from the object of m f 



ISO [65] 

march; here I should have halted for the night, had not six mounted In- 
dians, (supposed to be spies) who were discovered, effected their es- 
cape; this determined me to attempt by a forced movement, to prevent 
the removal of their effects, and, if possible, themselves from crossing the 
river, for my rations being out, it was all important to secure their sup- 
plies for the subsistence of my troops. Accordingly, my lines of attack 
were instantly formed and put in motion, and about sunset, my left flank 
column, composed of the second regiment of Tennessee volunteers, com- 
manded by col. Williamson, and a part of the friendly Indians under col. 
Kanard, having approached the left flank of the centre town, and com- 
menced their attack, caused me to quicken the pace of the centre, com- 
posed of the regulars, Georgia militia, and my volunteer Kentucky and 
Tennessee guards, in order to press the enemy in his centre> whilst the 
right column, composed of the 1st regiment of Tennessee volunteers, 
under col. Dyer, and a part of the friendly Indians, headed by general 
M'Intosh, who had preceded me, were endeavoring to turn his left, and 
cut off his retreat to the river; they however, having been previously in*- 
formed of our force, by a precipitate retreat soon crossed the river, where 
it is believed col. Kanard, with his Indians, did them considerable injury . 
*Nine negroes and two Indians were found dead, and two negro men 
made prisoners. 

On the 17th, foraging parties were sent out, who found a considera- 
ble quantity of corn, and some cattle. The 18th, having obtained some 
small craft, I ordered general Gaines across the river with a strong de- 
tachment, aud two days provision, to pursue the enemy; the precipitancy 
of their flight, was soon discovered by the great quantity of goods, corns, 
&c. strewed through the swamps, and convinced general Gaines that pur- 
suit was in vain, nine Indians and five negro prisoners were taken by 
our Indians; the evidence of haste with which the enemy had fled, induc- 
ed the general to confine his reconnoisance to search for cattle and horses, 
both ot which were much wanted by tiie army. About 30 head of cattle 
were procured; but from the reports accompanying general Gaines, 
which will in due time be forwarded to you, and the disobedience of his 
orders, by the Indians, not one pound was brought into camp. 

As soon as time will permit, I shall forward a detailed account of 
the various little affairs with the enemy, accompanied with reports of the 
commanding officers of the detachment. Suffice it for the present, to add 
that every officer and soldier under my command, when danger appeared, 
shewed a steady firmness which convinced me that in the event of a stub- 
born conflict, they would have realized the best hopes-of their country and 
general. 

I believe I may say that the destruction of this place with the posses- 
sion of St. Marks, having on the night of the 18th captured the late lieu- 
tenant Armbrister, of the British marine corps, and, as represented by Ar- 
touthnott, successor to Woodbine, will end the Indian war, for the pre- 
sent, and should it be renewed, the position taken, which ought to be held, 
will enable a small party to put it down promptly. 

I shall order, or take myself a reconnoisance, west of the Appalachi- 
cola, at Pen3acola point, where I am informed, there are a few Red Sticks 
assembled, who are fed and supported by the governor of Pensacola. My 
health being impaired, as soon as this duty is performed, the positions 
taken, well garrisoned, and security given to the southern frontiers, (if 



■|T65j - IM 

the government have no't active employment f5r me) I shall return to 
Nashville to regain my health. The health of the troops is much 
impaired, and I have ordered the Georgia troops to Hartford, to be must- 
tered, paid, and discharged; the general having communicated his wishes, 
and that of his troops, to be ordered directly there, and reporting that they 
have a plenty of corn and beef, to subsist them to that point, I have 
written to the governor of Georgia, to obtain from the state, the necessa- 
ry funds, to pay general Glascock's brigade when discharged, and that the 
government will promptly refund it. I am compelled to this mode to 
have them promptly paid, Mr. Hogan, the paymaster of the 7th infantry 
(for whom, I received from Mr. Brent, an enclosure, said to contain 
S 50,000) not having reached me. 

From the information received from Armbrister, and a Mr. Cook, 
who was captured with him, that A. Arbuthnott's schooner was at the 
mouth of this river, preparing to sail for the bay of Tamper, my aid- 
de-camp, lieutenant Gadsden, volunteered his services with a small de- 
tachment to descend the river and capture her; the importance of this 
vessel to transport my sick to St. Marks, as well as to destroy the means 
used by the enemy, induced me to grant his request; he sailed yesterday* 
and I expected to have heard from him this morning. I only await his re- 
port to take up the line of march on my return for St. Marks; the Georgia 
brigade, by whom I send this, being about to march, compels me to close 
it without the report of lieutenant Gadsden. 

I have the honor to be, 

Very respectfully, 

Your most ohed't. servH* 

ANDREW JACKSON. 

Maj, Gen < comm and I tig* 
The Hon. John & Calhoun* 
Department of War* 



No. 53. 
General Jackson to the Secretary of War. 

tiead Quarters, Division of the South 9 

Fort St. Marks, 26th April, 1818. 
SIR, 

I wrote you from Bowlegs' Town on the 20th instant* On tne 
night of the same day, I received the expected despatch from my ai& 



182 [65] 

de-camp, lieutenant Gadsden, communicating the success of his ex- 
pedition; and on the next day, as soon as the sick of my army were 
despatched down the Suwaney river, to be conveyed in the captured 
schooner to St. Marks, 1 took up the line of march for that fort. I arrived 
at this place last evening, performing a march of 107 miles in less than 
five days. Lieutenant Gadsden had reached it a few hours before 
me. He communicates having found, among the papers of Arbuth- 
nott, Armbrister, and Cook, letters, memorials, &c. &c. all pointing 
out the instigators of this savage war, and, in some measure, involv- 
ing the British government in the agency. These will be forwarded 
you in a detailed report, 1 purpose communicating to you as early as 
practicable. 

The old woman, spoken of in my last communication to you, 
who promised to use her influence in having M'Queen captured and 
delivered up, has not been heard of. From signs discovered on the 
opposite shore of the St- Marks' river, I am induced to believe, that 
the Indian party is still in this neighborhood. A detachment will be 
sent out to reconnoitre the country, to receive them a3 friends, if dis- 
posed to surrender, or inflict merited chastisement, if still hostile. 

I shall leave this in two or three days for fort Gadsden, and after 
making all necessary arrangements for the security of the positions 
occupied, and detaching a force to scour the country west of the Ap- 
paiachicola, I shall proceed direct for Nashville. My presence in this 
cdantrj' can no longer be necessary. The Indian forces have been 
divided and scattered, cut off from all communication with those un- 
principled agents of foreign nations, who had deluded them to their 
ruin. They have not the power, if the will remains, of again anuoy 
ingenir frontier. 

I remain, &c. &c. 

(Signed) ANDREW JACKSON. 



No, 5*. 

Gen. Jackson to the Secretary cfWar, 

Head Quarters, Division of the South, 

Fort Gadsden, hth May, 1818. 

I returned to this post with my army on the evening oT 
the 2d instant, and embrace an early opportunity of furnishing you a 



[65J 



183 



detailed report of my operations to the east of the Apalachacola river. 
In the several communications addressed you from Hartford, Fart 
Scott, and this place, I have stated the condition of the army on my as- 
suming the immediate command; the embarrassment occasioned from 
the want of provisions; the privations of my troops on their march 
from the frontiers of Georgia; and the circumstances which compelled 
me to move directly down the Apalachacola river, to meet with and 
protect the expected supplies from New Orleans. These were re- 
ceived on the 25th March, and on the next day I was prepared for 
active operations. For a detailed account of my movements from 
that period to this day, you are respectfully referred to the report 
prepared by my adjutant general, accompanied with capfain Hugh 
Youngs* topographical sketch of the route and distance performed. 
This has been principally a war of movements: The enemy cut off 
from their strong holds, or deceived in the promised foreign aid, nave 
uniformly avoided a general engagement. Their resistance has ge- 
nerally been feeblejand in the partial rencounires, into whtah they 
seem to have been involuntarily forced, the regulars, volunteers, 
and militia, under my command, realised my expectations; every 
privation, fatigue and exposure, was encountered with the spirit of 
soldiers, and danger was met with a degree of fortitude calculated to 
strengthen the confidence I had reposed in them. 

On the commencement of my operations, I was strongly impress- 
ed with a belief that this Indian war had been excited by some un- 
principled foreign, or private agents. The outlaws of the old Red 
Stick party had been too severely convinced, and the Seminoles were 
too weak in numbers to believe, that they could possibly, alpne, main- 
tain a war with even partial success against the United States. Firm- 
ly convinced, therefore, that succor had been promised from some 
quarter or that they had been deluded into abeliei that America dare 
not violate the neutrality of Spain, by penetrating to their towns, I 
early determined to ascertain these facts, and so direct my move- 
ments, as to undeceive the Indians. After the destruction of the 
Mekasukian villages, I marched direct for St. Marks: The corres- 
pondence between myself and the Spanish commandant, in which I 
demanded the occupancy of that fortress with an American garrison, 
accompanies this. It had been reported to me, direct from the go- 
vernor of Pensacola, that the Indians and negroes, unfriendly to the 
United States, had demanded of the commandant of St. Marks a sup- 
ply of ammunition, munitions of war, &c. threatening in the event of 
a noncompliance to take possession of the fort. The Spanish com- 
mandant acknowledged the defenceless state of his fortress, and his 
inability to defend it; and the governor of Pensacola expressed simi- 
lar apprehensions. The Spanish agents throughout the Floridas had 
uniformly disavowed having any connexion with the Indians, and 
acknowledged the obligations of his catholic majesty, under existing 
treaties, to restrain their outrages against the citizens of the United 
States, Indeed they declared that the Seminole Indians were viewed 



as alike hostile to the Spanish government, and that the will remain- 
ed, though the power was wanting, to inflict merited chastisement on 
this lawless tribe. It was therefore to be supposed, that the Ameri- 
can army, impelled by the immutable laws of self defence, to penetrate 
the territory of his catholic majesty, to fight his battles, and even to 
relieve from a cruel bondage, some of his own subjects, would have 
been received as allies, hailed as deliverers, and every facility afford- 
ed to them to terminate speedily and successfully this savage war. 
Fort St. Marks could not be maintained by the Spanish force garri- 
soning it. The Indians and negroes viewed it as an asylum, if driven 
from their towns, and were preparing to occupy it in this event. It 
was necestary to anticipate their monements, independent of the po- 
sition being deemed essential as a depot, on which the success of my 
future operations measurably depended. In the spirit of friendship, 
therefore, I demanded is surrender to the army of the United States 
until the close of the Seminole war. The Spanish commandant re- 
quired time to reflect; it was granted; a negotiotion ensued, and an 
effort made to protract it to an unreasonable length. In the conver- 
sations between my aid de-camp, It. Gadsden, and the Spanish com- 
mandant, circumstances transpired, convicting him of a disposition 
to favor the Indians, and of having taken an active part in aiding and 
abetting them in this war. I hesitated, therefore, no longer, and as 
I could not be received in friendship, I entered the fort by violence. 
Two light companies of the 7th regiment infantry, and one of the 4th, 
under the command of major Twiggs, was ordered to advance, lower 
the Spanish colors? and hoist the star spangled banner, on the ramparts 
of fort St. Marks. The order was executed promptly, no resistance 
attempted on the part of the Spanish garrison. The duplicity of the 
Sjpnisfa commandant of St. Marks, in professing friendship towards 
the United States, while he was actually aiding and supplying her 
savage enemies.; throwing open the gates of his garrison to their free 
access; appropriating the king's stores to their use, issuing ammuni- 
tion and mueitions of war to them; and knowingly purchasing of them 
property plundered from the citizens of the United States, is clearly 
evinced by the documents accompanying my correspondence. In 
fort St. Marks, as an inmate in the family of the Spanish command- 
ant, an Englishman, by the name of Artmthnott, was found; unable, 
satisfactorily to explain the objects of his visiting this country, and 
there being a combination of circumstances to justify a suspicion that 
his views were not honest, he was ordered in close confinement. The 
capture of his schooner, near the mouth of Suwany river, by my aid- 
de-camp, Mr. Gadsden, and the papers found on board, unveiled his 
corrupt transactions, as well as those of a captain Armbrister, late of 
the British colonial marine corps, taken as a prisoner near Bowlegs 
town. Those individuals were tried, under my orders, by a special 
court of select officers.; legally convicted as exciters of this savage 
and negro war, legally condemned, and most justly punished for their 
iniquities. The proceedings of the court martial in this case, witji 



[65] 



185 



the volume of testimony,justifyingtheir condemnation, presents scenes 
of wickedness, corruption, and barbarity, at which the heart sickens, 
and in which, in this enlightened age, it ought not scarcely to be be- 
lieved that a christian nation would have participated; and yet the 
British government is involved in the agency. If Arbuthnott and 
Armbrister, are not convicted as the authorized agents of Great Bri- 
tain, there is no room to doubt, but that that government had a know- 
ledge of their assumed character, and was well advised of the mea- 
sures which they had adopted to excite the negroes and Indians in 
East Florida, to war against the United States. I hope the execu- 
tion of these two unprincipled villains will prove an awful example to 
the world, and convince the government of Great Britain, as well as 
her subjects, that certain, if slow, retribution awaits these unchristian 
wretches, who, by false promises, delude and excite an Indian tribe 
to all the horrid deeds of savage war. 

Previous to my leaving fort .Gadsden, I had occasion to address a 
communication to the governor of Pensacola, on the subject of permit- 
ting supplies to pass up the Escambia river to fort Crawford. This letter, 
with a second from St. Marks, on the subject of some United States 
cloathing, shipped in a vessel in the employ of the Spanish government, 
to that post, 1 now enclose with his reply. The governor of Pensacola's 
refusal of my demand, cannot but be viewed as evincing an hostile feel- 
ing on his part, particularly in connexion with some circumstances re- 
ported to me from the most unquestionable authority. It has been stated, 
that the Indians at war with the United States, have free access into 
Pensacola; that they are kept advised from that quarter of all our move- 
ments; that they are supplied from thence with ammunition and muni- 
nitions of war, and that they are now collecting in large bodies to the 
amount of 4 or 500 warriors in that city. That inroads from thence have 
lately been made on the Alabama, in one of which 18 settlers fell by the 
Tomahawk. These statements compel me to make a movement to the 
west of the Apalachicola, and should they prove correct, Pensacola must 
be occupied with an American force, the governor treated according to 
his deserts, or as policy may dictate. I shall leave strong garrisons in 
fort St. Marks, fort Gadsden, and fort Scott; and in Pensacola, should it 
become necessary to possess it. 

It becomes my duty to state it as my confirmed opinion, that so long 
as Spain has not the power, or will, to enforce the treaties by which she 
is solemnly bound to preserve the Indians within her territory at peace 
with the United States, no security can be given to our southern frontier 
without occupying a cordon of posts along the sea shore. The moment the 
American army returns from Florida, the war hatchet will be again raised, 
and the same scenes of indiscriminate murder, with which our frontier 
settlers have been visited, will be repeated. So long as the Indians with- 
in the territory of Spain are exposed to the delusions of false prophets, 
and the poison of foreign intrigue; so long as they can receive ammuni- 
tion, munitions of war, &c. from pretended traders, or Spanish command- 
ants, it will be impossible to restrain their outrages. The burning of their 
towns, the destroying of their stock and provisions, will produce but tem- 
porary embarrassments; resupplied by Spanish authorities, they may con- 
2* 



186 [65] 

centrate or disperse at will, and keep up a lasting predatory warfare, 
against the frontiers of the United States, as expensive as harrassing to 
her troops. The savages therefore must be made dependent on us, and 
cannot be kept at peace without being persuaded of the certainty of chas- 
tisement being inflicted on the commission of the first offence. 

I trust therefore that the measures which have been pursued will 
meet the approbation of the President of the United States. They have 
been adopted in pursuance of your instructions, Under a firm convictionr 
that they alone were calculated to insure "peace and security to the 
southern frontier of Georgia." 

The army will move on the 7th from hence, crossing the Apalacha- 
cola river at the Ochesee bluff, about 30 miles above. 

With respect, your most obedient servant, 

ANDREW JACKSON, 

Major Gen. Commanding. 
The Honorable John C. Calhoun, 

Secretary of War, Washington, City: 



No. 55. 

General Jackson to the Secretary of War. 

Head Quarters, Division of the South, 
Fort Montgomery, June %d y 1818, 

SIR, 

In a communication to you of the 5th of May, I detailed at 
length the operations of my army up to that period. Leaving a strong 
garrison of regulars in forts Scott and Gadsden, I resumed my march, 
with a small detachment of the 4th regiment of infantry, one company 
of artillery, and the effectives of the Tennessee volunteers, the whole 
not exceeding- twelve hundred men, to fulfil my intentions, communi- 
cated to you, of scouringthe country west of the Apalachicola river. 
On the 10th of May, my army crossed that river at the Ochesee vil- 
lage, and after a fatiguing, tedious, and circuitous march of 12 days, 
misled by the ignorance of our pilots, and exposed to the severest of 
privations, we finally reached and effected a passage over the Escam- 
bia. On my march, on the 23d of May, a protest from the governor 
of Pensacola was delivered me by a Spanish officer, remonstrating, in 
warm terms, against my proceedings, and ordering me and my forces 
instantly to quit the territory of his catholic majesty, with a threat, to 



D55] 



IB7 



apply force, in the event of a non-compliance. This was so open an 
indication of a hostile feeling on his part, after having been early and 
well advised of the object of my operations, that I hesitated no longer 
on the measures to be adopted. I marched for, and entered Pensaco- 
la ? with only the show of resistance, on the 24th of May. The govern- 
or had previously fled to Fort Carlos de Barrancas, where it was said 
he had resolved upon a most desperate resistance. A correspondence 
ensued between us, accompanying this, marked A, detailing at length 
my motives for wishing, and demanding, that Pensacola and its depen- 
dencies be occupied with an American garrison. The package, marked 
B, are documents substantiating the charges, in part, against the con- 
duct of the Spanish governor, having knowingly and willingly admitted 
the savages, avowedly hostile to the United States, within the town of 
Bensacola. The peaceable surrender of the fort at the Barrancas 
was denied. I marched for, and invested it, on the evening of the 
25th of May, and on the same night, pushed reconnoitering parties 
under its very guns, On the morning of the 26th, a military recon- 
ftoisance was taken; and on the same night, a lodgment w^s made, 
under a fire from the Spanish garrison, by captain Gadsden, of the 
engineers, aided by captains Call, and Young, on a commanding p.o- 
sition, within three hundred and eighty five yards of the Spanish 
work, and a nine pounder mounted. A howitzer battery was simul- 
taneously established on the capitol, and within seven hundred and 
si^ty yards of the fort, at day light on the 27th. The Spanish garri* 
son opened their artillery on our batteries; a parley was sounded, a 
flag sent in, and the surrender of Fort Carlos de Barrancas again de- 
manded; the favorable positions obtained were pointed out, and the 
inutility of resistance urged. Anxious to avoid an open contest, and 
to save the effusion of blood, the same terms previously offered, were 
again tendered. They were rejected, and offensive operations re- 
commenced, A spirited and well directed fire was kept up the great- 
er part of the morning, and at intervals during the afternoon. In the 
evening, a flag was sent from the Spanish commandant offering to 
capitulate, and a suspension of hostilities was granted, until; & o'clock 
next day, when the enclosed articles of capitulation, marked C, were 
signed and agreed to. The terms are more favorable than, a con- 
quered enemy would have merited; but, under the peculiar circum- 
stnnces of the case, my object obtained, there was no motive for 
wounding the feelings of those, whose military pride or honor had 
prompted to the resistance made. The articles,, with but one condi- 
tion, amount to a complete cession to the United States, of that por- 
tion of the Floridas hitherto under the government of Don Jose 
Masot. 

The arrangements which I have mad# to secure Pensaxola, and its 
dependencies, are contained in the general orders, and marked D. 1 
deemed it most advisable to retain for the present, the same government 
to which the people had been accustomed, until such time as the executive, 
<6f the United States may order otherwise. It was necessary however, tp 



188 [65] 

establish the revenue laws of the United States, to check the smuggling 
which had been carried on successfully in this quarter, for many years 
past, and to admit the American merchant to an equal participation in a 
trade, which would have been denied under the partial operations of the 
Spanish commercial code. Captain Gadsden was appointed by me col- 
lector, and he has organized and left the department in the charge of offi- 
cers, on whom the greatest confidence maybe reposed. 

Though the Seminole Indians have been scattered, and literally so 
divided and reduced, as no longer to be viewed as a formidable enemy; 
yet as there are still many small marauding parties, supposed to be conceal- 
ed in the swamps of the Perdido, Choctawhatchey, and Chapouley, who 
might make occasional and sudden inroads on our frontier settlers, mas- 
sacreing women and children, I have deemed it advisable to call into 
service for six months, if not sooner discharged, two companies of volun- 
teer rangers, under captains M'Gird and Boyles, with instructions to 
scour the country between the Mobile and Appalachicola rivers, exter- 
minating every hostile party who dare resist, or will not surrender, and 
remove with their families above the 31st degree of latitude. 

The Seminole war may now be considered as at a close, tran- 
quil iity again restored to the southern frontier of the United States, and 
as long as a cordon of military posts is maintained along the Gulf of 
Mexico, America has nothing to apprehend from either foreign or Indian 
hostilities Indeed sir, to attempt to fortify, or protect an imaginary line, 
or to suppose that a frontier on the 31st degree of latitude, in a wilder- 
ness, can be secured by a cordon of military posts, while the Floridas lay 
open to an enemy, is visionary in the extreme. 

Under this firm belief, 1 have bottomed all my operations. Spain 
had disregarded the treaties existing with the American government, or 
had not power to enforce them. The Indian tribes within her territory, 
and which she was bound to keep at peace, had visifed our citizens with 
ail the horrors of savage war; ne.a;ro brigands were establishing them- 
selves, when and where they pleased; and foreign agents were openly 
and knowingly practising their intrigues in this neutral territory. 

The immutable principles therefore of self defence, justified the oc- 
cupancy of the Floridas, and the same principles will warrant the Ameri- 
can government in holding it, until such time as Spain can guarantee by 
an anequate military force, the maintaining her authority within the 
colony. 

A topographical sketch of the country, from the Apalachacola to 
Pensacola, accompanies this. Captain Young will prepare, as soon as 
practicable, a topographical memoir of that part of the Floridas, in which 
my army has operated, with a map of the country. 

Captain Gadsden is instructed to prepare a report on the neces- 
sary defences of the country, as far as the military reconnoisance he has 
taken will permit; accompanied with plans of existing works, what 
additions or improvements are necessary, and what new works should, 
in his opinion, be erected to give permanent security to this impor- 
tant territorial addition to our republic* 

As soon as this report is prepared, captain G. will receive orders 
to repair to Washington City, with some other documents which I 
may wish to confide to his charge. 



[6*] 



139 



At the close of a campaign which has terminated so honorably, 
and happily, it gives me pleasure to express my approbation, general- 
ly, of the officers and soldiers of every species of corps, which I have 
had the honor to command. The patience with which they endured 
fatigue, and submitted to privations, and the determination with 
which they encountered, and vanquished every difficulty, is the 
strongest indication of the existence of that patriotic feeling, which no 
circumstances can change, and of that irresistible ardour in the de- 
fence of his country, which will prove her strength and bulwark un- 
der any experience. I should do violence to my feelings, if I did 
not particularly notice the exertions of my quartermaster general, 
colonel George Gibson, who, under the most embarrassing circum- 
stances, relieved the necessities of my army, and to whose exertions, 
was I indebted for the supplies received. His zeal and integrity, in 
this campaign, as well as in the uniform discharge of his duties since 
his connexion with my staff, merits the approbation and gratitude of 
his country. 

"With respect, 

Your most obedient servant, 

(Signed) ANDREW JACKSON, 

Maj. Gen. commanding. 

The Hon. J. C Calhoun, 
Secretary of War. 



No. 56. 

Thomas Wayne, esquire, to B. Homans, esquire. 

Extract of a letter from Thomas Wayne, esquire, purser on board the 
"United States' brig Saranac, dated St. Mary's River, September 
27 f 1817, to Benjamin Homans. 

Ci On our arrival here, we found general M'Gregbr in command 
of Amelia Island. A few days afterwards, he decamped, and embark- 
ed on board the privateer M'Gregor, formerly the St. Joseph." 

" The noted Woodbine, of infamous memory, arrived here 
from Nassau, with a view, as was said, to join the patriots; but his 
friend, McGregor, having left the cause, he was disappointed, and 
embarked with M'Gregor, who sailed a few days since, for Nassau,* 
to commence some new expedition, which, it is generally supposed, 



190 [65] 

will be to the bay of Espirito Santo, or bay of Tampa, in latitude 28 
degrees 15 minutes north, and longitude 76 degrees 30 minutes west, 
This is an extensive bay and capable of admitting ships of any size, 
contiguous to which are the first lands in East Florida, which Wood- 
bine pretends, belong to him, by virtue of a grant from the Indians. 
He says he has surveyed the whole of the Gulf of Mexico, and Tam- 
pa bay is the only place into which large ships can enter." 



No. 57. a. 

Extracts from Message, <2&th March, 1818. Pages 7, 9, 10, 1£. 

Extracts of a letter to the Secretary of State, dated Dec. 24, 1817. (p. lO.y 

" My informants, I have no doubt, are possessed of as much informa- 
tion of the views an.d plans of M'Gregor and Woodbine, as any person in 
the United States." " They sailed from Amelia in September, in compa- 
ny with a schooner belonging to Woodbine, he being on board. Some time 
after they had got to sea, general M'Gregor and family were put on board 
the schooner with W r oodbine, and steered for New Providence." 

" From what has been written, it may readily be supposed, that my 
friends had an opportunity of learning something of the plan of the fu- 
ture operations of M'Gregor and Woodbine, and they believe it to be 
as follows: Woodbine persuaded M'Gregor, that he could find friends 
and funds in New Providence, and that a British regiment had lately 
been disbanded there, that they would pick up as many of the soldiers as 
possible, and with what negroes and others they could gather, would make 
a tolerable force. They were then to sail for Tampa Bay, a fine harbor 
to the northwestward of Cape Florida, where they were to be joined by 
1500 Indians, already engaged to Woodbine, and invade Florida from 
that point, they are then to march across, and attack St. Augustine." 



No. 57. b. 

Instructions for sailing in Tampa Bay, in M'Gregor' 's handwriting, en- 
closed in the letter of December 24, 1817. 

The vessels must be at Tampa Bay, commonly called Espiritu San- 
to. I calculate to be at Tampa Bay, by the latter end of April, or first 
day of May, 1818. There are three bars, the northernmost bar is best, 
having five fathom water; keep on the larboard shore, going in. There is 
a small sandy key betwixt the northern and middle channel; upon this 
shandy key there will be a flag staff; and on hoisting your signal, will be 
answered by the Florida flag, and a pilot will come off. 



[65] 



191 



No. 57. <r. 



Mgitracts of a tetter to a gentleman in the District of Columbia. (Mes? 

sage, p. T.J 

Baltimore, 30th July, 1817. 

Allow me now to relate in detail the particulars of my intercourse witk 
general M'Gregor, whilst in this city, in regard to his objects. He declar- 
ed his object to be, in the first place, to take possession of Amelia.-— 
Thence to wrest the Flbridas from Spain, when he should immediately 
call on the inhabitants, by proclamation, to designate some of their most 
respectable fellow-citizens to form a constitution on the model of some of 
the adjoining states. That so far as it might depend on him, he would en- 
courage the existing disposition of the people in that section, to confede- 
rate with the United States; leaving it to the will and policy of this (our) 
government, and to political circumstances, as they might arise, to indi- 
cate the most favorable time for their admission into the Union, 



No. 57, d. 

From G. M'Gregor to the writer of the above, dated Nassau, 9.7 th Decem- 
ber, 1817. (p. 9.) 

" You know my objects/ " On the other side, you have the extract 
of a proclamation about to be published by the person in charge of making 
the settlement. I leave this to-day for England, to arrange my private 
affairs, which, from the many years that I have been in South America, 
have not improved by my absence: my family remains here until my re^ 
turn." 



No. 57. e. 
Extract from Proclamation* (p. 10. J 

" Inhabitants of the ¥loridas* I expect soon to see general M'Gregor 
among you again, he was animated by a sincere wish for your happiness, 
and only desired to see you free from the yoke of Spain, in order that y<ni 
might legislate for yourselves." 



192 [65] 



No. 58. 

Extracts from the Minutes of the Proceedings of the Court Martial, in 
the trial of Jlrmbrister. 

From the examination of John Lewis Phenix, a witness on the part of 

the prosecution* 

Question by the Court. Did you ever understand by whose 
authority, and for what purpose the accused came into the country? 

Answer. I have frequently heard him say, he came to attend 
to Mr. Woodbine's business at the bay of Tampa. 

From the examination of John J. Jlrbuthnott, a witness on the part of 

the prosecution, 

" And that the prisoner stated to him, that he had come to the 
country on Woodbine's business, to see the negroes righted." 

Question by the Prisoner. Did you hear me say that I came on 
Woodbine's business? 

Answer. I did." 

From the examination of Peter B. Cook, a witness on the part of the 

prosecution, 

6i The prisoner told the witness, that he had been a lieutenant 
in the British army, under colonel Nicholls. The prisoner was sent 
by Woodbine to Tampa, to see about those negroes, he had left there. 
The prisoner told the witness that he had written a letter to gover- 
nor Cameron, for ammunition for the Indians, some time in March, 
and also told the witness, that he had a commission in the Patriot 
army, under McGregor, and that he had expected a captaincy." 



[65] 



W 



No. 5:9, 

Jr'mbrlster's Memorial to the Bukc of York* 

Bah am i Island. 

To his Royal Highness, Frederick, Duke of York, Commander in Chief 

&?c. fcfc. £sfc, 

The memorial of Robert Chrystie Armbrister, of the Island of New 
Providence, gentleman, humbly sheweth: 

That your memorialist, a British subject, and son of James 
Armbrister, Esquire* lieutenant colonel, and commanding the militia 
of New Providence, having served for nearly four years past, as mid- 
shipman in the British navy, on board H M. ships Sparrow, captain 
Edward Burt; Rhodean, captain George Mowbray; Reindeer, cap- 
tain J. P. Douglass; and Bramble, captain William P. Poyson; from 
which last mentioned ship he obtained his discharge, in England, in 
1813, and returned to the island of New Providence, where his friends 
reside, that major Nichoils, of the royal marines, having shortly after 
arrived at the said island of New Providence, in H. M. ship Hermes* 
in company with H. M. ship Carrnn, for the purpose of raising recruits 
for a corps, denominated the corps of Colonial Marines, destined to 
serve during the American war, in such parts of the Indian territory, 
bordering upon the United States of America, or in the states them- 
selves, as circumstances should rendefifnecessarv; your memorial- 
ist applied for and obtained a commission of auxiliary second lieu- 
tenant in that regiment, which he immediately joined, and proceeded, 
under the command of the said major Edward Nichoils, to Apalaehi- 
cola, from whence he proceeded tothel'reek nation, where he served 
until those forces were disbanded upon the termination of hostilities 
with the Americans, when he returned to the said island of New 
Providence. 

And your memorialist further sheweth, that havingbeen assured 
by the said major Nichoils, at the time of his accepting the above 
mentioned commission, (a copy of which he begs leave to annex,) 
that he had no doubt, but that he would be placed upon half pay when 
his services were no longer required; your memorialist is desirous 
either of obtaining half pay, or of being more actively employed, and 
of obtaining a commission either in one of IL M. West India regi- 
ments, or in such other of II. M. regiments, as to your royal highness 
shall seem fit. 

Your mernorioiist therefore humbly prays your royal highness to 
take into your consideration this his memorial, and he shall ever 
inray. 

ROBERT C- ARMBRISTER. 
25 



194 £65^ 

No. 60. 
Armbristtr's Commission. 

Auxiliary second lieutenant.-— By the honorable sir Alexander 
Cochrane, knight of the Bath, vice admiral of 
[L. S.] the red, and commander in chief of his majes- 

[Alexr. Cochrane.] ty's ships and vessels employed, and to be em- 
ployed, on the North American station, &c. &c. 

To Mr, Robert C Armbrister, hereby appointed auxiliary se- 
cond lieutenant of the corps of Colonial Marines, to be raised upon 
the continent of North America. 

Whereas, I have thought fit to send a detachment of the royal 
marine corps to the Creek Nations, for the purpose of training to 
arms, such Indians and others as may be friendly to, and willing to 
fight under the standard of his majesty: I do, by these presents, con- 
stitute and appoint you an auxiliary second lieutenant, of such corps 
of colonial marines as may be raised upon the continent of North 
America, to hold such local rank while actually employed upon the 
said continent, until further orders. You are, therefore, carefully 
and diligently to discharge the duty of auxiliary second lieutenant, by 
exercising and well disciplining, both the inferior officers and marines 
of the said corps; and I do hereby command them to obey you, as 
their second auxiliary lieutenant. And you are to observe and 
follow such orders and directions from me, or any other of your su- 
perior officers, according to the rules and disciplining of war, in pur- 
suance of the trust hereby reposed in you. 

Given under my hand and seal, at Bermuda, this twenty-fifth 
day of July, 1814, in the fifty-fourth year of his majesty's 
reign. 

By command of the vice admiral. 

(Signed) Wm. Balhetchet, Secretary,. 



No. 61. 

P. B Cbok to Eliz. Jl. Carney. 

JSahwahnee, January^ 19M,1818. 

My dear Amelia, 

I have embraced this opportunity of writing you, hoping to 
-find you well, as leaves me at present, and I am very sorry to inform 



W"5] 



isrs 



you of the times at present. We are threatened every day by the 
d— d Americans. Not threatened only but they have mad- an at- 
tempt; bat we stopped. On 1st December, I marched with thirty mem 
to go against them. After seven days march, we arrived at the fort, Ar«.d 
after our men got rested, I went against it. We had an engagement tor 
four hours, and seeing we could do no good with them we retreated 
and came off The balls flew like hail stones; there was a ball that 
like to have done my job, it just cleared my breast. For six days and 
six nights we had to camp in the wild woods, and it was constant 
raining night and day, and as for the cold I suffered very much by 
it, in the morning the water would be frozen about an inch thick. 
There was a boat that was taken bv the Indians, that had in 
thirty men, seven women, four small, children. There was six 
of the men got char, and one woman saved, and all the rest of 
them got killed. The children were taken by the heels, and their 
brains dashed out against the boat. We have got Mr. Hambly and 
Doyle prisoners, and we are going to send them to Nassau to stand 
their trial, as they have caused all this disturbance. Hambly told 
me that it was published in the American newspapers that they were 
to take possession of the nation in March, and if that be the case you 
will see us sooner than you expected. And if they should come 
when the vessel is away, we shall have to take and run in our ca- 
noes, as we have some very fine ones here. One knows not hardly 
what to do for those d— d puppies as we may call them, for they are 
no better. 

We find that what I have mentioned is all damned lies. But 
Arbuthnott has threatened my life once or twice, but on my return I 
will punish him by the law. You must excuse my bad writing as I 
am in a hurry. Give my love to your mother and your sister and 
Mrs. Roberts and all inquiring friends. I have nothing more to say 
at present, as times will not admit. 

I remain yours forever. 

[Signed] PETER B. COOK. 

f Addressed on the back to} 

Miss E, A. Carney ■, Nassau, JSTexv Providence. 



No. 62. 

Arbuthnott to W. Hambly. 

Okolokne Sounds the 3d May, 1817c 

Mr. William Hambly, 

SIR, 

On my return here this day, I received a letter signed by you i 
and date4 the 23d March last. As you have taken tk trouble of ad« 



196 [65} 

vising me, you will, of course, expect my reply; and t embrace the 
opportunity of doing it at length: first let me premise, sir, that when 
you lived at Prospect Bluff, a clerk to Messrs. Forbes and Co. you 
did not consider Cappachimico, M'Queen, or any other of the chiefs 
of the lower Creek nation, as outlaws; does the man whom the at- 
tachment of Cappachimico has saved from the hands of retributive 
justice, presume to call him an outlaw? for shame sir — the most 
hardened villain would not thus calumniate the savior of his life. 
Your generous friend sir, and the other chiefs have called me to this 
country; they insist on the fulfillment of my promise, and as an hon* 
est man, I will endeavor to do it. Let your arm of justice fall on the 
guilty; an honest and upright man who harms no man, and endea- 
vors to do all the good he can, fears no man or judge; his acts are 
open to inspection, and will btar the test of scrutiny. Thus, sir, I 
answer your insinuation, that since my arrival in this country, I have 
instigated persons to steal and murder. Ask the lieutenant com- 
manding at fort Gaines, if the letter ] wrote him bears the features of 
an instigator to murder? Ask Opoy Hatcho, if the recommendatory 
note I sent him, by order of Oponey, breathes the strains of a mur- 
derer? Ask Oponey himself, if my language and advice to him, was 
that of a murderer? Ask Mappalichy, a chief residing on the Oc- 
mulge among the Americans, what my advice was. All those will 
contradict your vile insinuation. But Mappalichy informed me the 
Conhittas were all pleased with the letter, and my note Oponey sent 
them, and perfectly accorded with my sentiments, of living as bre- 
thren, and as one large family? respecting their neighbors, bu at the 
same time, at all times ready to protect their property. Yet several 
of them, a few days afterwards, (no doubt influenced by some hu- 
mane and good mail) recanted their promise, and ordered a letter to 
be written me; which letter I presume, I have this day received, 
signed by you. Now sir, if your principles were as humane as mine, 
if you took as much pleasure in fostering any spark of friendship, the 
upper Indians may show to their brethren of the lower nation, as you 
do in fomenting the quarrels between them, you would then be their 
friend and benefactor. You, sir, that speak their language fluently, 
have much in your power, but I fear, you use that power to the inju- 
ry of all, and eventually, to your own ruin. Let me advise you to 
change your tone and mode of acting; how much more creditable 
would it be, for you to propagate friendly actions, and create an at- 
tachment among the Indians of all nations, one to the other, than to en- 
deavor to foment quarrels, and have your emmissaries in every quarter 
of the nation spreading false reports, tendingto harrass and disturb them. 
Now, sir, with regard to your and Mr- Doyle's reporting that I am no 
Englishman, and only one of those wild adventurers who risk life and 
property for lucre, be pleased to come down to Okolokne, and I will 
show you a letter, written by earl Bathurst to governor Cameron, 
(and which I received from him, to read to the chiefs of the Creek 
nation) an answer to a letter I believe written by you, early in the 
spring of 1816. 



[«] 



19; 



I shall not reflect on the part you toolc in blowing up the fort at 
Prospect Bluff; it is not my business. I know the blacks used you 
shamefully, as they did all that went near them, yet I think the re- 
venge you took savors much of savage. 

Do not think sir, that lam to be frightened away from this place, 
while I have the protection of the Spaniards, and the support of hon- 
est men. Art upright man is not easily daunted. 

I keep a copy of this letter, and send a copy of yours with my 
inswer, to Opoy Hatcho, and as I am with daily expectation of let- 
ters from New Providence, perhaps they may induce me to write you 
farther. 






I am Sir, 

Your obt. servt. 

A.ARBUTHNQTT. 



The murders and thefts you talk of, I do not believe. There are 
i pa¥cel of outlaws, calling themselves Americans, who are continu- 
ity coming into the nation, stealing cattle, &c and lately, I hear, one 
vas killed out of three, and his horse taken, and publicly sold> while in 
he act of stealing and driving off cattle. 

A. A* 



No. 63. 

Indian Talk. 

To our good Brother the chief Tustonaky Thlucco, the Big Warrior. 

Your brothers, chiefs of the Creek nation, whose names are put 
to the talk we now send you, have found it necessary to hold the same, 
that their sentiments and opinions may be known to all their red 
brethren of the four nations, and stop the mouths of bad men, who 
are continually sending false and bad talks to us, as well as to our 
brethren, for the purpose of making ill blood between us. Know 
then, we have met at Okoiokne Sound, with our warriors and young 
chiefs, and have held our talk, which is this? 



19S 



t65] 1 



The red brethren of the four nations are all descended from the 
same fathers, and ought to live as brothers; and for this reason, we 
now take them by the hand, to live henceforth at peace, and united to 
each other, and let no bad talks be listened to, or come among us. 

When colonel Nicholls, the English officer, was last among us, 
went away, he gave us a good talk, desiring us to live well with all 
our brethren, and never permit ill blood to be between us, and to re- 
spect the Americans that were our neighbors, and not molest or per- 
mit our people to steal. We have carefully kept this talk, followed 
his advice, <*c. 

It is r :-.')y three years since we received a white bead from the 
Cherokee, = We have held it sacred, and it has been in our 
at all our' talks; we now send you, that you may forward 10 tneir 
Minichico Mico, a pipe from his old friends; you wili also sei 
the present talk, and from him let it be sent to the Chicasaws, and 
from them to the Choctaws. 

Colonel Nich vils promised us to send people from England to 
keep stores in different parts of tht nation, to fur ish us with g »ods; 
he had found people willing to come, but when vhey heard that the 
fort of Apalachicoia was destroyed, they were fearful of coming, mi 
withdrew their promise. 

Let us protect all white men that give us good talks, but iei as 
not regard or listen to those who give us bad ones, but rath id 

them from among us; for he must be a bad man who wishes ill :>i >od 
between brothers. 

From this time, therefore, let us not listen to any bad talks; let 
us all hold each other fast by the hand of peace, and each brother hold 
the other in his heart. 

This is sent with a good will, and will be kept by us. 

Opoithlamico 

Cappachimico 

Inhimathlo, Fowltowtt 

Charle Tustonaky 

Otos Mico 

Ochacona Tustonaky 

Euchy Tustonaky 

Imathluche 

Inhimathluche, Palo Chipely 

I/ahoihimathlo 

Homathle Mico 

Talmuches Hatche 

HilKsajo* 



E&5] 199 

No. 04, 
Arbuthnott to Mr. Bagot. 
[Found with Arbuthnott's papers.] 
The hon, Charles Bagot, 
His Britannic Majesty* s Ambassador, Washington* 

SIR, 

On my return to this from the Indian nation, about a month 
since, I received a letter from Mr, Hoodie, annexing an extract from 
a letter of your excellency, and which in future shall be attended to, 
when I have occasion to write on Indian affairs. 

As I am now especially authorized by the chiefs, whose names 
I beg leave to annex to the present, to make such representations as 
may be of service to the nation; and learning by the copy of a letter 
lrom the right honorable earl Bathurst, handed me by his excellency 
governor Cameron, that your excellency is instructed to watch over 
the interests of the four nations, I shall take the liberty to lay before 
your excellency such matters as have come under my own" observa- 
tion, and what has been reported to me by chiefs, in whose veracity 
I can place some confidence. On my arrival at Okolokne Sound last 
January, I was met by several of the principal chiefs, who reiterated 
the complaints that were stated to your excellency in their letter of 
last November. On the Chattachouche particularly, they stated the 
Americans were descending in numbers, driving the poor Indian 
from his habitation. The report was confirmed some weeks after, by 
Otis Mico, the chief of the town of Elan Hallaway, on the Chatta- 
houchy, who informed me, that the officer commanding at fort Gaines 
had repeatedly sent messages to him, desiring he would submit to 
live under the American government, and threatened, that his non- 
compliance would force him to turn the guns of the fort against the 
town and drive them out; these threats and swarms of American set- 
tlers descending, drove the poor Indians from their homes, and thirty- 
six fields in a state of cultivation, were occupied by the new settlers; 
and where the houses stood, the plough has passed over. 

On the Choctahatchy, which is far within the Indian territory, 
Americans have formed a large settlement, which, if persisted in> 
will soon drive the Indians to the extremity of the peninsula. 

Agreeably to the treaty between Great Britain and America, the 
latter were to confine themselves to the same boundaries they enjoy* 
ed in 1811, prior to the war— this they have not done, butencr.cach- 
ed on almost every point of the Indian territory; the chiefs think that 
it is impossible the conduct oi the persons acting so contrary to the 



f 



200 [65] 

treaty, can be known to the American government; and the more to 
blind the government, and to mislead them as to the true state and 
disposition of the Indians, they are continually spreading reports in 
the public Gazettes of Georgia, &c. of cruelty committed by the Sem:- 
oole Indians, on inhabitants living on the borders of the United States; 
whereas, it is persons with back settlements of Georgia, who enter 
the Seminole territory in large parties to steal cattle, which they fre- 
quently drive off in gangs of 50 and 100 at a time, and if in these ex- 
cursions the Indians meet them, and oppose these predatory plun- 
ders, blood sometimes has been spilt, which was the case in April 
last, when a party of Mickasukv Indians, met three men driving off 
cattle, and attacked them, killing one, and retaking the cattle. But 
those blood-thirsty, back settlers of Georgia, soon retaliated on the 
poor Indians, for early in June they returned to plunder, and meeting 
with an Indian encampment, they killed one man, another making his 
escape, they pursued him to another encampment, where they killed 
two others and a boy; the boy they scalped. Early in July, a head 
manof the town of Sahwahnee, was killed on St. John's river while 
hunting, but the chief does not reckon the persons who killed him, 
true Americans. For the better showing your excellency how those 
pour Indians are abused, I beg leave to enclose you paragraphs taken 
from American papers, the whole of which are complete fabrications, 
tending to mislead the American government. I also beg your ex- 
cellency's attention to a letter from an American officer dated at fort 
Gaines, with Cappachimico, the head chief of the Seminoles' an- 
swer thereto, but notwithstanding it is stated to be by authority of 
the President of the United States, the gentleman waited no time to 
receive an answer, but prior to the chief's messenger arriving at the 
fort, had continued his road for St. Mary's, leaving them ignorant of 
what talk he was authorized to give them, and I have since learnt, 
that Mr. Dinkins was an officer of general Jackson's staff, travelling 
through the nation. 



No. 65. 



3. Jlrbuthnott, to a person of rank in England; taken from the ( Lon- 
don ) Times newspaper, of 7th August, 1818. 

Sawahnee, Lower Creek Nation, 

January 30, 1818. 

When I last took the liberty of writing to you* by the desire of 
the chiefs of the Creek nation? I little expected that war would so 



[65] 



20 i 



soon have commenced between the Americans and them; it is, how- 
ever, actually begun, by the wanton aggressions of the former, in an 
attack on Fowl Town, during the night. Though this wanton at- 
tack has been disavowed by general Mitchel, the American agent for 
Indian affairs, and he has made reparation for the injury and loss 
sustained by Inhilmathla, and his people, yet the continued aggres- 
sions of the Americans, and the numbers pouring into the nation, 
not from the land side alone, but from Mobile, and elsewhere, by the 
Appalachicola river, have compelled the Indians to take arms as their 
only resource from oppression. 

Your friend Hillisajo, has been called by his people to put him- 
self at their head, and he is how encamped at Spanish Bluff, the re- 
sidence of Doyle and Hambly, which is now in the possession of the 
Indians, with from 1000 to 1200 men; those men are principally Red 
Sticks, who aie scattered about in the nation, and who have collected 
and put themselves under his command, with a few hundred Upper 
Indians, who have joined them. 

I cannot allow myself to believe, that those encroachments on 
Indian territory, are made wifh the knowledge of the American gov- 
ernment, and general Mitcnell's conduct and message to Kinadjee, 
assure me it is not so. But there are persons who wish to get hold of 
the Indian lands, and they stick at no means, however cruel and op- 
pressive, to obtain their ends. General Gaines's letter of August last, 
to Kinadjee, clearly shows that he and general Jackson are deter- 
mined, if possible, to get hold of the whole Indian lands. After false- 
ly accusing them of murders, thefts, burning houses, &c. he says, but 

there is something out of the sea, a , with forked tongues, whip 

him back before he lands, for he willl be the ruin of you yet. Per- 
haps you do not know what or whom I mean. I mean the name of 
Englishman. 

The other contents of this letter, plainly show me that those two 
generals have formed a plan of possessing themselves of the whole 
Indian lands. That this plan has originated with Forbes, Inneraritys, 
or those of their subordinate agents, I have little doubt, as every part 
of the conduct of those inferior actors, shovs they have been employ* 
ed for the express purpose of rooting out the poor Indian from his 
paternal inheritance. The report of Hambly having made sales, in 
the name of the chiefs, of all the lands from Pensacola to St. Augus- 
tine, comes from St. Marks' fort. I shall soon be there, and learn 
from what source they derive their information. 

That false and improper sales have been made, I have no doubt; 
without such had been the case, the Americans would have never 
poured into the Indian nation by the Appalachicola. 

It is reported that John Forbes has withdrawn from all Indian 
concerns; but the Inneraritys are enough, with their subordinate 
agents, to disturb the whole Indian nation; and I have not the least 
doubt, that through them the present troubles come. 
26 



202 [65] 

The chiefs have written to governor Cameron, for a supply of 
munition, and which Kinadjee informs me, Hillisajo, when in Eng- 
land, had orders to demand, in case of actual need. It is really ne- 
cessary the English government should do something for those peo- 
ple. In the late war they drew them into their quarrel against Ame- 
rica; at the peace, they agreed to see them protected in their rights 
and privileges, and placed on the same footing as before the war; 
since then, they have never troubled chemselves about them, thinking 
it enough, that his majesty's ambassador had orders to see that those 
people were protected in their rights and privileges. But how is his 
excellency, the British ambassador, to know if the Indian is righted, 
and permitted to live quietly on his own land? He interdicts the cor- 
respondence of any private individual, on Indian affairs, unless it can 
be put into his hand, without any expense. Does he expect a true 
account of what passes in the Indian nation, from the American go- 
vernment, or from the hireling gazettes of the towns of upper Geor- 
gia? It is the interest of both to deceive, and unless the door is opened 
for British subjects to speak what they know, and instruct his excel- 
lency of such matters, respecting the Creek nation, as they are cer- 
tain to be true, he can never have the means of judging what is pro- 
per to be done* 

I have, by desire of the chiefs, written to his excellency, the ho- 
norable Charles Bagot, on their affairs, and also governor Cameron, 
with a demand for a small supply, of which they stand greatly in 
need. I trust, Sir, you will make such representations to his majes- 
ty's government, as the circumstances of the case require, that those 
unfortunate people, who look up to you, as their friend, may soon rest 
peaceably and quiet in their country. 

You will pardon the liberty I take, which nothing but the press- 
ing solicitations of Kinadjee, would have induced me to take, and, 
with much respect, 

I am, Sir, your most obedient servant, 

[Signed] A. ARBUTHNOTT. 



No. 66. 
Boleck to governor Cjoppznger* 
[Translation from the Spanish translation received from governor 
Coppinger, and communicated by Mr, de Onis, enclosed in his let- 
ter of the 27th March, 1818, to the Secretary of State. For thd 
original in English, see JVfo. 49, (court mortial proceedings) 
JVfc. 2.] 

SIR, 

I had the honor of receiving your letter of September, but the 
impossibility of finding a person to write an answer, is the cause of 
this apparent neglect. 



[65] 



203 



I shall be very happy to keep up a good understanding and cor- 
respondence with you, and I hope you will, when occasion offers, ad* 
vise me of such things as may be of service" to myself and my peo- 
ple. My warriors and others who go to St. Augustine, return with 
false reports, tending to harrass and disturb my people, and prevent 
them attending to their usual avocations. At one time, the Ameri- 
cans, supported by a force of 3000 men, and such of our brethren, as 
they have compelled to join them, are running lines far withinour ter- 
ritory; at another, they are collecting a large force at fort Mitchell, 
in the forks of the Flint and Chatahouchie rivers, to fall on the towns 
that may not join them. Now, Sar, we know of no reason they can 
have for attacking an inoffensive and unoffending people, whose wish 
it is to inhabit their woods without disturbing or being disturbed by 
any one. We have none of their slaves; we have taken none of their 
property, since they made peace with our good father king George. 
We have followed the orders of the officer of our father, who was 
among us, colonel Edward Nicholls, and in no wise molest- 
ed the Americans, though we daily see them encroaching on our 
lands, stealing our cattle, and murdering or carrying off our people. 
We were told by the same officer, that as allies of our father, we were 
included in the treaty of peace between our good father and the 
Americans, and that the latter were to give up all the territory that 
had been taken from us before the war; but so far from complying 
with the 9th article of that treaty, they are making da4y encroach- 
ments, and forging treaties, (which they pretend are concluded with 
our people) for cessions and grants of lands, which never were in ex- 
istence, and the signatures of which are unknown to the chiefs of the 
Creek nation, who alone have a right to assign or transfer the com- 
mon property. The want of a proper person among our people, to 
acquaint us with these transactions, is the cause of our long silence 
on them, and leads the world, as well as our friends, to think we are 
in league with the Americans. 

The principal chiefs of the nation assembled lately at my town 
of Suhwahnee, and resolved to inform the minister of king George 
at Washington of our grievances, and of the conduct and usurpation 
of the Americans, which was accordingly done, and copies sent to 
England. Until we have one or more persons among our people to 
watch over our rights and interests, we shall continue to be exposed 
to the same conduct on the part of the Americans, whose system ap- 
pears to be, the destruction of our peace and tranquillity, and expel* 
ling us from our native land. 

You desire that I would chase off those who steal my cattle, &c. 
Some of my people have lately driven away several Americans who 
were endeavoring to settle at Lachua, and I do not doubt they will 
represent that as ao act of hostility, although you well know that La- 
chua is in the heart of my territory, and was, until the Americans 



204 [M] 

killed my brother, our chief town, I return you my thanks for your 
letter, 

And am with great respect, 

Your most obedient humble servant, 

BOLECK, his x mark. 

Chief of the Seminole nation. 

At Sahwahnee, 19th November, 1816. 



No. 67. 

Governor Coppinger, to the Chief Bo leek ( Bowlegs, j 
Friend and brother Boleck, 

Your letter of the 18th of November was delivered to me 
yesterday by one of your servants, in which you inform me of the re- 
ceipt of mine of the 26th September last, and other circumstances 
which give you and your warriors uneasiness. I see with pain that 
the whole comes from the information of persons in whom you ought 
not to place the smallest confidence, it being their principle to employ 
such opportunities for the purpose of seducing you and your people 
from their daily labors. In consequence of this, and of what you tell 
me of your desire, to keep up the best understanding and correspon- 
dence with me, and of your hope that the opportunities will not be 
wanting, let me give you such counsel as may be useful to you, your 
people and warriors. I will do so from the sentiments of sincere 
friendship I bear towards you, fearful however that the sentiments of 
others who came into the territory under the appearance of friend- 
ship, but with bad intentions, may influence your minds and obtain 
your confidence, by their flattering representations. It is ascertained 
here^-thattwo persons have lately presented themselves as commis- 
sioners of the English nation, who have carried off several runaway' 
negroes, belonging to subjects of the king my master, and your friend, 
among whom was one of Don Francisco Pellicer's, and another of 
$Jr. Bunck's, both inhabitants of this province. This did not seem 
credible to me, as I could not suppose that so good a friend to our 
nation as you are, could consent to such proceedings; but in case they 
have really happened, you will be sensible of their great impropriety 
and of the just grounds of complaint on the part of the persons so in» 
jured, who are desirous, as well as myself of assuring you ot the sin- 



[65] .905 

cere good will and friendship we have for the Seminole tribe of In* 
dians of which you are the chief. 

I am with great respect, 

Your most affectionate and faithful servant. 

[Signed] JOSE COPPINGER. 

Friendand brother Boleck chief of the Seminole tribe of Induing 
fit. Angus tine^ in Florida, 20th December, 1816. 

A true copy. 



No 68, 

Copy of a sheet of Arbuihnotfs Journal, found ameng his papers.. 

October 23d (continued.) They had a long talk with Capt. W. 
and stopped all night — this day meridian, observed in 29, 21, Suah- 
nach bearing N. E. 3 miles — 24th Started with two men in boat to 
survey if any entrance to the west branch of the river, found all shal- 
low, pulled boat over the mud and entered W. branch — made poles to 
mark the easternmost outlet, and descended, but could not this day 
find the direct channel through the oyster bank, the tide having flow- 
ed too much — 25th At 2 A. M. wind shifted to east, and by 8 A. M. 
tor S. E. when we got under way, and stood off to sea, wind fresh- 
ning and a nasty short sea rising; at 10 tacked in shore, 3 fathoms — 
Suahnach N. E. 7 miles, the north point of the bay N. 10 miles, Co- 
der Keys south 7 miles — from sundown to midnight, heavy squalls 
with rain and much thunder and lightning; at anchored in 4 fath- 
oms, no wind and heavy swell; 26th first part rainy and squally, at 10 
A. M. got under weigh, Cedar Keys just in sight from deck; stood 
E. N. E. and at 2 P. M. hove too to wait for canoes seen coming off; 
came to anchor in 2 fathoms, 6 canoes came on board full of Indians 
and blacks, Billy and Jack among them, with several negroes that 
were at the Biuff, found that Bowlegs and Doherty had started in a 
canoe last night; this day at meridian, observation good, 29, 13 Cedar 
Keys the outermost bearing E. S. E, 6 miles; at 6 P. M. Bowlegs with 
retinue consisting of 5 canoes, came on board, and continued all 
night, had a very long talk with Capt. W. 27th. The brother in-law 
of Bowlegs desired captain \Y. to listen to what he had heard from 
the Spaniards, of the Americans intention of attacking them, they 
wished to live quietly and attend to their cattle &c. but cculd not for 
the Americans and revolted Spaniards, who daily killed their cattle 



206 f653 

&c. &c. This day bought six D. skins, 16 R. skins and 3 lb. wax, pd. 
in Tafia. Bowlegs and retinue left me at 2 P. M. Captain W. had 
started about an hour before for Suahnach, at 8 P. M. began to blow 
fresh from S. E. continued blowing all night. 28th at 2 P. M. got un- 
der weigh and stood to sea. 29th Wind N. W. blowing hard and 
squally, ail day beating off and on, double reefed foresail, reefed main 
sail &c. at 4 P. M. struck on a shallow bank, 6 miles S. E. from the 
mouth of the river, bore up and stood off, lowered jib and mainsail, 
and repaired latter, which had given way near the gaf, wore and stood 
in shore and came to anchor in 14 feet water, great Cedar Key bear- 
ing S. E. 6 miles. 30th, at 7 A. M. got under weigh and stood for the 
entrance, between the two large Keys, luffing and bearing away so as 
to keep in 2 fathoms, came to anchor at 9 A. M. a mile and half from 
Islands, captain went to sound channel, returned and reported chan- 
nel to the southward and that the large island must be brought to bear 
N E, At 11 A. M. a canoe, 2 men, 3 women and their children from 
Cape Anetole; got under weigh, rounded the bank and grounded be- 
tween two banks, where we lay all night. 3 1st Oct. warped into a 
deep channel with much difficulty, drawing her through the mud, 
wrote W. and Auchisee Indians, and also fishermen; cut pples to 
stake out channel, 1st Novem. wind N. E. extremely cold, again 
warping but did not succeed in getting into anchorage, observed me- 
ridian 29, 11, the south end of the great Cedar Key N. W. by N. 3-4 
mile; the outer or S. W. point of the high or south Key S. E. and by 
S. 1 1-2 miles, lay quite dry at low water, at 10 P. M. floated off, and 
stood into a good channel, but laying the warp too far out she tailed on 
the west side where we lay for the night after housing taught our 
best bower laid in mid channel. 2d. Floated off at 10 A. M. and 
pulled up to good anchorage, under the lee of the island, boat went 
to an inshore key, to look for water, and returned two casks full. 

3d. Self and captain on shore until half past 11, A. M. caught 
nothing; observation good, 29, 11; the high part of South Key, due 
E. two miles; the Sandy beach great cedar Key, W. 1-2 mile; at 
sundown, captain W. arrived from Suahnack; several canoes with ne- 
groes, at the point, captain returned from fishing on point; some good 
fish. 4th. Idle all day; afternoon prepared rum, sugar, coffee, mo- 
lasses, to send Robin Creighton, per colored lad named Charles, see 
note thereof', during the night the wind shifted to theN. and N. N.E. 
clrisling rain and very cold. 5th. Wind N. N. E. rain, and very 
cold, cleared up before mid day; at 4 P. M. two canoes from JSuah- 
uack, one came on board, reported Cappachimico, and all thechiefs 
waited for captain W.; prepared sundry articles for Sawhanha* and 
sent canoe off to get Franck's canoe to go with captain W. and self. 
6th, at 12, started for Sahwanhee, in Franck's canoe, camped for the 
night at the little island, mouth of the river; a canoe, with several 
men and women, with corn, camped at same place, bound for schoon- 
er, with corn, &c. 7th. 4 A, M. started up the river, at 8, camped, 
and breakfasted at Pine Bluff, and at 2 P. M. arrived at Buera land^ 



[«] 



207 



ing, 'took through the pine barren, and lost our way to Christopher 
Town; again getting to the river, at half past four P, M. arrived at 
Roberts; captain W. and guide had arrived a little before; visiltd 
Cappachimico and M'Queen, at Indian town. 8tb. A long talk with 
Indians, their complaints of the conduct of the Americans; M'Queea 
mentioned they had taken one of his negroes and confined him in be 
fort at the Forks. A chief from Chehaw said, that they had killed 
three Indians in his neighborhood, on their own ground, and taken 
eleven horses; several others stated losses in cattle and horses, and 

the Seminole chiefs in particular a chief — — of said, that in con- 

fide ace of the treaty being faithfully fulfilled on the part of the Ameri- 
cans, a half breed man, nanae-d Moses, before the war, settled near 
the forks, returned to take possession of his fields, and was murder- 
ed by the Americans. The chiefs ordered a letter, in way of memori- 
al, to be written our ambassador in America, and copies to be sent to 
England, representing the conduct of Americans; the same was done, 
agreeably to the substance of their talk* read and interpreted to them 
by their own interpreters, afterwards, each chief put his mark in my 
presence, which I certified. 9th. Cold and clear, Cappachimico^ 
M*Queen, and the other chiefs, met, and had a long talk, more fully 
particularizing their particular grievances, they also stated the num. 
ber of torts, seven, the Americans had built, and the roads they had 
cut, and were still continuing to cut, within their territory. 

M'Queen stated, that M'Intosh and the Couhetta Indians were 
the cause of the Americans 5 conduct; that after the peace, a deputa- 
tion had been sent up to have a talk with the commander at Fort 
Mitchell, in the forks, who were instructed to inform him of what 
colonel Nicholls had stated to them, with regard to their rights to 
territory, prior to the war, being guaranteed by the treaty between 
England and the U. States; and to request that he, the commandant, 
would refrain from further encroachments, and give orders that their 
lands should be respected. The answer they received from the com- 
mander was, that it was all true they had told him, but that he had 
orders to act as he did. A chief of the Fowltown Indians stated* 
that the American troops returning from the destruction of the fort 
at Prospeet Bluff, burnt one entire town, and murdered several of 
their people, because they would not join them when going down the 
river. The Tiger Warrior, and two other men of note, spoke, stat- 
ing the circumstances of aggression and cruelty that had come to their 
knowledge. Cappachimico, M'Queen, and the others, further stated 
what reports they had from Doyle, Hambly, &c. and all were of opin- 
ion, and firmly believed, that Hambly, a clerk to, and influenced by 
Forbes, was the cause of the destruction of the fort at the Bluff; and 
that Hambly went down the river as a guide to the American army; 
and was particularly instrumental in its being blown up, as he pointed 
out to the American officers where the magazines were placed, that 
they might play their shells against them. Such few negroes as were 



$03 [653 

saved from the explosion unhurt, were carried oflFby the Americans, 
with cannon, ammunition, arms, &c. that was found in the fort. 

N. B. I take no notice of captain W's talk to the Indians, be- 
cause I doubt much of what he stated was not founded in fact, and 
was only mentioned by him to strengthen the chiefs in their attach- 
ment to the British government. I say no further on this head. Of 
tiis promises, I fear he has also gone too for; and perhaps at a future 
time, when the Indians find them wrcperformed, the rage for their 
disappointment may fall on me, as a party aiding and abetting captain 
W. in his deception. 1 have gone beyond my promise to captain 
W. I have been deceived in almost every thing; and yet he thinks 
<:vertf thing, and person, must be subservient to him. I have had 
himself and aid-de-camp on board since the 31st August; in any expe= 
dkion, in canoe or boat, I have supplied his wants. I kept three ne- 
groes on board more than two months, on his account I presented 
the chiefs for him, and on his account. I have seen my provisions 
t.»ken and given away, when we were on short allowance; for captain 
W. gives liberally when it is not out of his own pocket, but is extreme* 
ly costive when any thing is wanted from home. 

10th. Cappachimico and M'Queen gave me a note of the most 
necessary articles they wanted immediately, and which I promised 
them to bring, if possible, by the end of December, and land them as 
agreed. Gave them a card, with seals, &c. Sic. as a token that when 
they received a messenger with the duplicate thereof in 7?. W, that 
he came with the straight talk from me, made each a present of rum, 
sugar, coffee, and 100 segars Also, the Tiger Warrior and two oth- 
ers, and the rest, had a good lot of segars each, gave them a parting 
glass; took leave at 12 mid day. They all started on horseback. 
The two deputies that go to Nassau with me left behind. 

These men are children of nature; leave them in their forests 
to till their fields, and hunt the stag, and graze their cattle, their ideas 
will extend no farther; and the honest trader, in supplying their mo- 
derate wants, may make a handsome profit of them. 

They have been ill-treated by the English, and robbed by the 
Americans, cheated by those who have dealt with them, receiving 
goods and other articles, at most exhorbitant prices, for their peltry, 
which has been much undervalued. I say the English ill-treat them: 
after making them parties in the war with America, they leave them 
without a pilot, to be robbed and ill-treated by their natural and sworn 
enemies, the Americans. When the English officer, col. Nicholls, 
left Prospect Bluff, on the Apalachicola river, he left particular or- 
ders with Cappachimico and the other chiefs, not on any account to 
enter on the territory of the Americans; while at the same time he 
informed them-, the Americans were to give up that territory they 
had taken possession of during the war; but while he informed the 
Indians how they should act, and what the Americans were to do in 
compliance with the treaty, he left no person to guide them in their 
conduct, in case the latter should not comply, or continue to extend 



[65] 



209 



their encroachments, and commit aggressions. When such was the 
case they had none to represent the r case to the British government, 
but William Hamblv, the clerk of John Forbes, and Doyle, another of 
his clerks, both of whom had long before the conclusion of the war 
sold themselves to the American government, and while they were re- 
receiving British pay ) acted as spies to the Americans; these persons 
were not likely to represent the conduct and encroachment of the 
Americans in their true light. No, they attempted to influence the 
chiefs to join the Americans, Doyle stated in a talk at St. Marks, 
that in four years no Englishman durst set his foot in Floridas, 
yet these were the only persons to whom the ? poor untutored Indian 
could apply, to represent their grievances to the British government, 
or any governor of their islands, and it was not likely they, the tools 
of the Americans, would give a just and true account of the Indian 
grievances Hambly, the Indian interpreter, was ordered to write t© 
the governor of New Providence, demanding his interference; and 
by an intercepted letter from his brother, dated at Regla, in February 
last, it appears he had written a letter to New Providence, but to 
whom — 



No. 69. 
Jirbulhnott to the commanding officer at fort Games* 

Okohkne Sounds 2d March, 1817. 
To the officer commanding fort Gaines 9 

SIR, 

I am desired by Peter M'Queen, an unfortunate chief, who 
was some years since obliged to fly from his town of Tucky Batche, 
on the Tallapoohatche riv-r, to claim of your friendship, the delive- 
ry of a negro man named Joe, (taken away from him since the peace) 
which he states to be in fort Gaines When M'Queen left Tucky 
Batche, his property was considerable, both in negroes and cattle, of 
the former, ten grown negroes were taken by a half breed man, named 
Barney, nine of which he learns were sold, and one, a girl, is still in 
possession of said Barney. Twenty able negroes were taken by a chief 
named Colonel, or Auchi Hatche, who acts also as an interpreter; 
and as he never had possession of any of those persons' property, nor 
ever did them any injury to his knowledge, he claims a further proof 
of your friendship, that you will use your influence in procuring those 
negroes for him; and, should they be given up by the persons hold- 
ing them, there is one faithful negro among them, named Charle, 
who will bring them to him at Okolokne river- 
27 



210 [65] 

The American head men and officers that were accustomed to 
live near him, can testify to his civility and good fellowship with 
them, andthere are none of them, he is convinced, that would not serve 
him, if in their power; as he owes nothing,, nor ever took any per- 
son's property, none have a right to retain his, and he hopes that 
through your influence, those persons now holding his negroes, will 
be inr uced to give them up. 

While I am thus advocating the cause of one unfortunate indi- 
vidual, allow me to claim an extension of your philanthropy to all the 
Indians within your circle, by your representing to them the folly of 
their quarrels, and that they ought to live quietly and peaceably with 
each oiher. 

The lower Creeks seem to wish to live peaceably and quietly, 
and in good friendship with the others; but there are some designing 
and evil minded persons, self interested; who are endeavoring to 
create quarrels between the upper and lower Creek Indians, contra- 
ry to their interest, their happiness, and welfare; such people belong 
to no nation, and ought not to be countenanced by any government. 

The head chiefs request I will inquire of you, whv American 
settlers are descending the Chattahoochie, driving the poor Indian 
from his habitation, and taking possession of his home and culti- 
vated fields. 

Without authority, lean claim nothing of you; but a humane and 
philanthropic principle guiding me, I hope the same will influence 
you, and if such is really the case, and that the line marked out by 
the treaty of pi ace between Great Britain and the United States, res- 
pecting the Indian nations has been infringed upon by the subjects of 
the latter, that you will represent to them their improper conduct, 
and prevent its continuance. 

I hold in my possession a letter received from the governor of 
New Providence, addressed to him by his Britannic majesty's chief 
secretary of state, informing him of the orders given to the British 
ambassador at Washington, to watch over the interests of the Indian 
nations, and see that their rights are faithfully attended to, and pro- 
tected agreeably to the treaty of peace, made between the British 
and Americans. 

lam in hopes that ere this, there is arrived at New Providence, 
a person from Great Britain, with authority to act as agent for the In- 
dian nations, and if so, it will devolve on him, to see that the boun- 
dary lines, as marked out by the treaty, are not infringed upon. 

I hope you will not think these observations, made by desire of the 
chiefs, any improper interference, and requesting the favor of an an- 
swer, 

I am respectfully, sir, 

Your obt. servant, 

[Signed] A. ARBUTHNOTT. 



[65] 211 

P S. M'Queen states, that the offspring of the negroes when he 
left Tucky Batche, were seven of those taken by Barney, and nine of 
those taken by Auche Hatchi, and he supposes they have increased. 



No. 70. 

Ji, Culloh tb Jirbuthnott, (answer to No, 69. J found among Jlrbuth* 

nott's papers. 

Fort Gaines, 1st May 18 1 7 

13EAR SIR, 

On being informed by the commanding officer, that vou bad 
written in behalf of Peter M'Queen, for a negro man once in the pos- 
session of myself at this place, requiring the return of said negro to 
(as you said) the rightful owner; I take the liberty of informing you, 
that the said negro is now at Fort Hawkins, Oakmulgee river, claim- 
ed by an American citizen by the name of Bowen White; he remain- 
ed with us, he was a deposit of some of the Indians, to be given to 
the said Bowen when called for. Further of his origin, or manner in 
which he was claimed as property, I can't tell any thing of. You in- 
quired why citizens were descending this river. In answer I say, in 
right of, and conformably to a late treaty between the United States 
and the Creek nation; for this part of the territory was ceded to us as 
compensation for expenses and aid furnished and incurred by the 
friendly Creek Indians, against M'Queen and his party; not having 
any reference, or touching at any article or part of the treaty between 
the United States and Great Britain. As to M'Queen's having any 
claims on the good feeling and philanthropy of any citizen of the Uni- 
ted States, is mock and farce; on the contrary he has incurred both 
the ill will and hatred of his own people and them, and has in fact, 
been the cause of the destiuction and loss of his native country. 

Your obdt. Servt. 

[Signed] AM. CULLOH. 

A, Jirbuthnott, 
Oakalokiny Bound, Florida Keys, 



^12 [65] 



No. 71. 

Copy of a paper without date or signature, found among ArbulhnotC s 
papers— supposed to be the answer to JVo. 4 in the proceedings of 
the court martial on the trial of Arbuthnott . 

It is not in my power to comply with your wishes, without 
the king's command, but you may be assured that I shall lose no time 
in submitting the representation you have now made to the consider- 
ation of his majesty's government. 



No. 72. 



A. Arhuthnott to Gen. Mitchell, agent of Indian affairs. 

Sahwahnee, Lower Creek Nation, 19th Jan, 1818« 

SIR, 

Kenhijee, head chief of the Lower Creek Nation, has call- 
ed on me to request I would represent to you the cruel and oppres- 
sive conduct of the American people living on the borders of the In- 
dian nation,and which he was in hopes, from a talk you were pleased to 
send him some weeks since, would have been put a stop to, and peace 
restored between the Indians and the American people; but far from 
any stop being put to their inroads and encroachments, they are pour- 
ing in by hundreds at a time, not only from the land side, but both 
troops and settlers ascending the Apalachichola river in vessel loads. 
Thus the Indians have been compelled to take up arms to defend 
their homes from a set of lawless invaders 

Your known philanthropy and good will towards the Indians in 
general, induces the chiefs to hope that you will lose no time in using 
your influence to put a stop to those invasions of their lands and pa- 
ternal birth-right, and also order that those who have already seized 
on their fields may rttire therefrom. The Indians have seized two 
persons known to have been greatly instrumental in bringing the 
Americans down on their lands, and they are now in their posses- 
sion as prisoners: and they have it in report that sales of their lands 
have been made by those two people, without the consent, approba- 
tion, or knowledge, of the chiefs; and from their long residence in the 
nation, and the one having enjoyed great confidence in the nation and 
with the chiefs, as English interpreter, there is some reason to be- 
lieve tb se reports, when leagued with the swarms of Americans 



[65] 213 

coming from Mobile and other places, seizing the best of the Indian 
lands. Such improper sales have actually been made. 

In taking this liberty of addressing you, Sir, in behalf of the un- 
fortunate Indians, believe me I have no wish but to see an end put 
to a war, which, if persisted in, I foresee, must eventually be their 
ruin; and as they were not the agressors, if, in the height of their rage 
they commit any excesses, that you will overlook them, as the just 
ebullitions of an indignant spirit against an invading foe. 
I have the honor to be, &c. &c. 

[Signed] A. ARBUTHNOTT. 

By order of Kenhijee and Bowlegs^ 
acting for themselves and the other chiefs* 



Camp before St. Marks, April 8th, 1818. 

The foregoing letter was produced to A, Arbuthnott, on his ex- 
amination before me, and acknowledged by him to have been written 
by him to Gen. Mitchell, agent of the Creek nation. 

(Signed) ANDREW JACKSON. 

Present, Mr, Fulton. 



SUPPLEMENTARY DOCUMENf. 

Received since the Letter to Mr. Erving was forwarded. 
[From the Public Ledger and Daily Advertiser^ London Newspaper, of August 27, 1818.] 

MR. ARBUTHNOTT. 

The following letters, in addition to those already made public, 
tend to show the deep interest which this unfortunate gentleman took 
in procuring redress for what he conceived to be the unproked ag- 
gressions of the American back settlers, on the Indian boundary line. 



2U ^[65J 



A. Arbuthnott to the commanding Officer at Fort Gaines. 

Okolokne River, March 3d^ 1817. 

[This is an extract from the letter No. 69 in this collection, p. 210 consisting of 
he four paragraphs before the last, which is omitted See the document No. 69, and the 
answer to it, No. 70] 

Copy of a talk sent from tfu British Agents in East Florida^ to the Big 
Warrior, head chief of the Creek nation of Indians* 

" When the English made peace with the Americans, they inclu- 
ded the whole of the Indian nation,, viz: Creek, Choctaw, Chicka- 
saw, and Cherokee. Those nations were guaranteed in the quiet 
possession of their lands, and the Americans engaged to give up 
such lands of the Indians as thty had taken possession of during the 
war. 

" If they have not done so, or if they have been making further 
encroachments, the chiefs have only to represent their camplaintsy- 
and the aggressions of the Americans to the governor of New Provi- 
dence, who will forward them to England, or get them conveyed to 
the British minister at Washington, who has orders from the king of 
England, to see that the rights of the nations abovementioned are 
protected, and the stipulations contained in the treaty, in their favor ', 
are faithfully carried into execution. 

"The Americans have no wish to go to war; they will not, 
therefore, do any thing contrary to the treaty; and what encroach- 
ments have been made, must be without the knowledge of the chief 
of the American government; and so soon as he is informed thereof 
by the British minister at Washington, he will orcer the American 
people who have taken possession of Indian lands to draw back to their 
own possessions. 

tl The Indian nations are all one great family; they possess lands 
their great forefathers handed down to them, and they ought to hand 
them down entire to their children. If they sell their land, what do 
they receive for it? Nothing that w\\\ last. It is wasted away in a 
few years. Whether, therefore, thty sell or give it away, they are 
robbing their children of the inheritance they had a right to expect. 
As a great family, they ought to live as such with each other. Let the 
four nations join in bonds of brotherly love; let them smoke the pipe of 
peace; let the cultivation of their lands be their chief object during 
spring and summer, and hunting their diversion during winter; and 
the produce of their labor will be bought by good people, who will 
come and deal with them, when they know there is any thing to be 
purchased for goods or money. 

* [This appears to be the same talk, with the letter to the Little Prince, mention- 
ed in the proceedings of the court martial on Arbuthnott's trial ). 



[65] 



&15 



*' If the Americans or other nations live near them, let them live 
in friendship with them, and keep up a good understanding, but on no 
account sell or give away any of their lands. I recommend this as a 
friend of humanity, and of good order. 

•'(Signed) A. ARBUTHNOTT. 

" Qkolokne, March 11, 1817." 



"The head chiefs of the upper Creek nation have desired me ? 
Oponey, to get the straight for them; what is written in the foregoing 
I believe to be the true and straight talk received from an English- 
man,^ who carried two deputies to J\*cW Providence, and hat returned 
with them to Okohkne. I, Oponey, have been sent by you, the head 
chiefs of the upper Creek nation, to see the Seminole Indians. I 
have done so; they live quietly and peaceably, and wish to do so, 
with all their red brethren, in every part of the nation, 

'.' Opoy Hatcho has desired me to see those things; I have done 
so; and see all quiet, and had the talk I now send you, and shaken 
hands with the friend who gave it me. 

*' That- the friend I have met came over with goods, by desire 
of the chiefs of the lower towns, and is a true friend to the Indians. 
The various and untrue talks that you sent me, from time to time, 
must be made by some person an enemy to us all red brethren, and 
ought not to be listened to; let me know who they are, and send me 
an answer as soon as possible to the present talk. 

his 
(Signed) OPONEY, {*! 

mark. 

Written by order of the aforesaid Oponey, the 11th of 
March, 1817. (Signed) A. Arbutjinott. 

Witness — (Signed) Aaron Moris. 

* [See Arbuthnott's Journal, No, 68. p. 205.1 



75] 
MESSAGE 

FROM 

THE PRESIDENT OF THE UNITED STATES, 

TRANSMITTING 

A PROCLAMATION OF A CONVENTION.. 

BETWEEN 

THE UNITED STATES AND SPAIN, 

TOGETHER WITH 

THE TRANSLATION OF A LETTER FROM THE MINISTER OF SPAT>\ 

TO 

THE SECRETARY OF STJiTE, 



January 5, 1819. 

Read, and ordered to lie upon the table. 



WASHINGTON: 
& DE KRAFFT, PRINTED 

VS19, 



[75] 



Washington^ 4>th of January, 1819. 
To the House of Representatives of the United States: 

I transmit to Congress, a Proclamation dated the 2?d of last 
month, of the Convention made and concluded at Madrid, between 
the Plenipotentiaries of the United States and his Catholic Majesty, 
on the 11th of August, 1802, the ratifications of which were not ex- 
changed till the 21st ultimo, together with the translation of a letter 
from the Minister of Spain to the Secretary of State. 

JAMES MONROE. 



[75] 



BF THE PRESIDENT OF THE UATFED STATES, 
A PROCLIMATION. 

Whereas, a Convention between the United States of America 
and his catholic majesty, made and concluded at Madrid, on the elev- 
enth day of August, in the year one thousand eight hundred and two, 
by Charles Pinckney, at that time minister plenipotentiary of the Unit- 
ed States in Spain, and Don Pedro Cevallos, counsellor of state, gen- 
tleman of the bed chamber, first secretary of state, and superintend- 
ent of posts and post offices, fully authorized and empowered by their 
respective governments, was duly ratified by the then President of 
the United States, by and with the advice and consent of the Senate 
thereof, on the ninth day of January, in the year one thousand eight 
hundred and four; and was rati&ed by the King of Spain, on the ninth 
day of July last past: And whereas, the ratifications of the two gov- 
ernments were exchanged, in this city, on the twenty-first day of De- 
cember, by John Quincy Adams, Secretaiy of State of the United 
States, on the part of the United States, and Don Luis de Onis, en- 
voy extraordinary and minister plenipotentiary from Spain, on the 
part of Spain; which convention is, word for word, as follows: 

Convencion entre su Magestad A Convention between his cath- 
Catolica y los Estados Unidos de olic majesty and the United States 
America, sobre indemnizacion de of America, for the indemnifica- 
perdidas, danos y perjuicios irro- tion of those who have sustained 
gados durante la ultima guerra en losses, damages, or injuries, in 
consequencia de los excesos com- consequence of the excesses of in- 
etidos por individuos de ambas dividais of either nation, during 
naciones, contra el derecho de the late war, contrary to the exist* 
gentes o tradado existente. ing treaty, or the laws of nations. 

Deseando su Magestad Catoli- His catholic majesty, and the 
ca y el gobierno de los Estados government of the United States 
Unidos de America, ajustar ami- of America, wishing amicably to 
stosamente las demandasque han adjust the claims which have aris« 
ocasionado los excesos cometidos en from the excesses committed 
durantela ultima guerra, por in during the late war, by individuals 
dividuos de una y otra nacion, of either nation, contrary to the 
contra el derecho de gentes o el laws of nations or the treaty exist- 
tratado existente entre los dos ing between the two countries: 
paises; ha dado su Magestad Ca- His catholic majesty has given, 
tohcaplenos poderes a este efecto for this purpose, full powers to his 
a Don Pedro Cevallos, su Conse- excellency Don Pedro Cevallos, 
jero de Estado, Gentilhombre de counsellor of state, gentleman of 
Oamara con exercicio, primer the bed chamber in employnment, 



6 . [75] 

Secretario de Estado y del des- first secretary of state and umver- 
pacho universal, Superintendent sal despatch, and superintendent 
General de Correos y Postas en general of the posts and post offices 
Espana e Indias; y el gobierno de in Spain and the Indies; and the 
los Estados Unidos de America a government of the UnitedStates of 
Don Carlos Pinckney, ciudada- America to Charles Pinckney, a 
no dedichos Estados y su Minis- citizen of the said states, and their 
tro Plenipotenciario cerca de su minister plenipotentiary near his 
Magestad Catolic v quienes han catholic majesty, who have agreed 
convenido en lo siguiente. as follows: 

lo. Se formara una junta com- 1. A board of commissioners 
puesta de cinco vocales de los shall be formed, composed of five 
quales, dos seran nombrados por commissioners, two of whom shall 
su Magestad Catolica, otros dos be appointed by his catholic majes- 
por el gobierno de los Estados ty, two others by the government 
Unidos, v el quinto de comun of the United States, and the fifth 
consentimiento; y en el caso de by common consent; and in case 
no poderse convenir en el sugeto they should not be able to agree on 
para quinto vocal, nombrara uno a person for the fifth commission- 
cada pane dexando la eleccion er, each party shall name one, and 
entre los dos a la suerte. y se pro- leave the decision to lot: And here- 
ceoera en la misma forma en ad- after, in case of the death, sick, 
elante al nombramiento ulterior ness, or necessary absence of any 
de los sugetos que reemplazaren of those already appointed, they 
a los que actualmente lo son en shall proceed, in the same manner, 
los casos de muerte, enfermedad to the appointment of persons to 
o precisa ausencia. replace them. 

2°. Hecho asi el nombramien- 2. The appointment of the com- 
to prestara cada uno de los voca- missioners being thus made, each 
les el juramento de examinar, dis- one of them shall take an oath to 
cutir, y sentenciar las deir.andas examine, discuss, and decide on 
sobre que juzgaren con arreglo the claims, which they ate to judge, 
al dro, de gentes y tratado exist- according to the laws of nations 
ente, y con la imparcialidad que and the existing treaty, and with 
dicta la justicia. the impartiality justice may dictate. 

a°. Resideran los vocales y ce- 3. The commissioners shall 
lebreran las juntas en Madrid, meet and hold their sessions in 
en donde en el prefixo termino Madrid, where, within the term of 
de diez y ocho meses, contados eighteen ib oaths (to be reckoned 
desde el dia en que se junten, ad- from the day on which they may 
mitiran todas las demandas que assemble) they shall receive all 
a consequencia de esta Conven- claims, which in consequence oi 
cion hicieren tantolos vasallos de this convention may be made, as 
su Magestad Catolica como los well by the subjects of his catho- 
ciudadanos de los Estados Uni- lie majesty, as b\ citizens of the. 
dos de America, que tuvieren de- United States of America, who 
recho a reclamar perdidas, danos may have a right to demand com* 
y perjuicios, en consequencia de pensation for the losses? damages. 



[75] , 7 

los excesos cometidos por Espa- or injuries sustained by them, in 
noles y ciudadanos dc dichos Es- consequence of the excesses com- 
tados durante la ultima guerra mined by Spanish subjects or 
contra el dro de gentes y tratado American citizens, 
existente. 

4°. Se autoriza por dichas par- 4. The commissioners are au- 
tes contratantes a los vocales para thorized, by the said contracting 
oir y examinar baxo la sancion parties, to hear snd examine, on 
del juramento qualezquiera pun- oath, every question relative to the 
tos concernientes a las referidas said demands, and to receive, as 
demandas y a recibir como digno worthy of credit, all testimony, the 
de fe todo testimoniode cuya au« authenticity of which cannot rea- 
tenticitad no puede dudarse con sonably be doubted* 
fundamento. 

5°. Bastara el acuerdo de tres 5. From the decisions of the 
vocales para que sus sentencias commissioners there shall be no 
tengan fuerza de irrevocables y sin appeal, and the agreement of three 
apelacion tanto por lo que respec- of them shall give full force and 
ta a la justicia de las demandas, effect to their decisions, as well 
como por lo que hace a las canti- with respect to the justice of the 
dades que se adjudicaren p'r in- claims, as to the amount of the in- 
djmnizacion a los demandantes; demnincation which may be ad- 
pues se obligan las partes contra- judged to the claimants; the said 
tantes a satisfacerlas en especie, contracting parties obliging them- 
sin rebaxa, en las espocas y para- selves to satisfy the said awards in 
ges senalados, y baxo las condi- specie, without deduction, at the 
ciones que se expresaren en las times and places pointed out, and 
sentencias de la junta. under the conditions which may 

be expressed by the board of com- 
missioners. 

6°. No haviendo sido posible 6. It not having been possible 
ahora a dhos Plenipotenciarios for the said plenipotentiaries to 
convenerse en el modo de que la agree upon a mode by which the 
referida junta arbitrase las recla- abovementioned board of commis- 
maciones originadas en conse sioners should arbitrate the claims 
quencia de los excesos de los cor- originating from the excesses of 
sarios, agentes, consules, o tribu- foreign criuzers, agents, consuls 
nales, extrangeros en los respec- or tribunals, in their respective 
tivos territorios, que fueren im- territories, which might be imput- 
putables a los dos goviernos: se able to their two governments, they 
han convenido expresamente en have expressly agreed that each 
que cada gobierno se reserve, co- government shall reserve (as it 
mo por esta convencion se hace, does by this convention) to itself, 
para si, sus vasallos y ciudadanos its subjects or citizens respective- 
respectivamente todos los dere- ly, all the rights which they now 
chos que ahora les asistan, y en have, and under which they may 
que promuevan en adelante sus hereafter bring forward their 
reclamaciones en el tiempo que claims, at such times as may be 
les acomodare, most convenient to them. 



8 [75] 

7o. La presente convencion no 7. The present convention shall 
tendra ningun valor ni efecto has- have no force or effect, until it be 
ta que se haya ratificado por las ratified by the contracting parties, 
partes contratantes, y se cangea- and the ratifications shall be ex- 
ran las ratiticaciones lo mas prdn- changed as soon as possible, 
to que sea posible. 

En fe de loqual, nosotros los In faith whereof, we, the under- 
infrascriptosplenipotenciarios > he- written" plenipotentiaries, have 
mos firmado esta convencion, y signed this convention, and have 
hemos puesto nuestros sellos res- affixed thereto our respective seals, 
pectivos. 

Hecho en Madrid, a 1 1 de Done at Madrid, this 11th dav 
Agosto, de 1802. of August, 1802. 

[l.s.] PEDRO CEVALLOS. [l.s.] PEDRO CEVALLOS. 
[l.s.] CHARLES PINCKNEY [l.s.] CHARLES PINCKNEY. 

Now, therefore, be it known, that I, JAMES MONROE, Presi- 
dent of the United States, have caused the said Convention to be 
made public, to the end that the same, and every clause and article 
thereof, may be observed and fulfilled, with good faith, by the Unit- 
ed States, and the citizens thereof. 

In testimony whereof, I have hereunto set my hand, and caus* 
ed the Seal of the United States to be affixed. Done at 
[l. s.] the City of Washington, this twenty-second day of De- 
cember, in the year of our Lord one thousand eight hun- 
dred and eighteen, and of Independence the forty-third 

JAMES MONROE. 

By the President; 

JOHN QUINCY ADAMS, 

Secretary of State, 



[75] 9 

(TRANSLATION.) 

Don Luis de Onis to the Secretary of State* 

SIR, 

I have had the honor to receive your note of the 30th ultimo, 
in reply to mine of the 24th of the same month, by which, I perceive 
with great concern, the failure of the flattering hope I had formed of 
seeing a speedy and amicable termination of the differences existing 
between our respective governments. But I leave to those who may 
impartially inquire into the state of things, their origin, nature and 
all the circumstances hitherto attending them; to those who form 
their judgments upon the principles of justice, the dictates of con- 
science, and the most established rules of human reason, whether, on 
my part, I have not done even more than could be hoped for, at once 
to terminate a controversy, no less unpleasant, than it is injurious to 
the interests of both nations. 

It was painful to H* C. Majesty's government to find, that the 
differences which originated in the pretensions first formed by the 
United States, in the year 1805, were not then definitively settled, 
but, the tenaciousness of the American plenipotentiaries in maintain- 
ing them, and their refusal to accede to those advanced by his majes- 
ty, in conformity with the most inviolable duties of his royal crown, 
as a preliminary to the ratification of the convention of 1802, threw 
insurmountable obstacles in the wav of both; these obstacles still ex- 
isted on the part of the United States, at the period of the revolution 
in Spain, in 1808. From that time, and until the latter part of 18 < 5, 
you are aware, sir, that the government of the United States declined 
to acknowledge H. C. Majesty's minister, and that the diplomatic in- 
tercourse between the two powers was interrupted. From the mo- 
ment your government resolved on changing its course, and receiv- 
ing the minister of Spain, my government has employed he most 
unceasing efforts to adjust all existing differences, and establish on a 
just and solid basis the most perfect harmony and lasting friendship., 
For this I appeal to the correspondence between H. C. Majesty's 
minister of state, and the plenipotentiaries of the United States at 
Madrid; and to that I have had the honor to carry on here with your- 
self and your predecessor. I leave it to the judgment of any impar- 
tial person who may be disposed to analyze it, rejecting whatsoever 
is irrelevant or unfounded, to determine, who has reason and justice 
on his side, and decide, whether it is possible that any nation in the 
world, similarly situated, could act with greater generosity and good 
faith than Spain, or offer greater sacrifices to meet the wishes of the 
United States, with a view to putting an end to the controversy be- 
tween them. 

2 



10 L 7 5] 

As you stated to me in your note of 31st of October last, that the 
proposals you then made me by order of your government, compre- 
hended every thing which the President conceived it possible, within 
the compass of his powers and duty, to offer for the final arrange- 
ment of the pending differences, I endeavored, in my letter of the 
16th of November last, to modify the proposals made in yours of the 
31st October, and approximate them to yours to the utmost extent of 
my powers. I even expressed my earnest desire to conclude the ne- 
gotiation, so far as to admit the removal of the boundary line, from 
the Gulf of Mexico, on the river Sabine, as proposed bv you, and I 
only added, that it should run more or less obliquely to the Missouri, 
thereby still keeping in view the consideration of conciliating the 
wish that your government might have of retaining such other set- 
tlement as might have been formed on the bank of that river, and ob- 
serving, nevertheless, that it was not to pass. by New Mexico, or any 
other provinces or dominions of the crown of Spain. Notwithstand- 
ing this, and the further advantages offered in the said proposals, I 
now observe that they still appear insufficient to meet the wishes and 
views of your government, which is the more a subject of regret to 
me, as the reasons and grounds on which 1 founded a hope of a dif- 
ferent result, were, and still are, of the greatest weight. 

AVhat you now state, namely, that your proposal relative to the 
western boundary between the two powers, involved a great sacrifice 
on the part of the United States, in favor of Spain, appears incompre- 
hensible to me. That proposal, even modified and adapted to that 
which I made to you on the 24th oi last month, included in favor of 
the United States, a considerable extent of territory to the right and 
left of the Mississippi, to which they neither had nor can have any 
right whatever; and that fact being, as assuredly it is, beyond all con- 
tradiction or doubt, I cannot conceive in what consists the sacrifice 
made by the United States to Spain, in the proposal offered by you. 
In fact, how can it be denied that Spain has ever been in the peacea- 
ble possession of all the countries lying to the westward of the Mer- 
menta, the boundary between the Spanish d minions and those of 
France, in that quarter, being a line running due north from the said 
river to the river Roxo (Red river) between the Adaes and Natchi- 
toches, and thence to the Missouri, although it was not exactly deter- 
mined, whether it was to ascend until that river emptied into the 
Mississippi, or to some other point? Has the government of France, 
peradventure, ever taken any step, or contested with H. C. Majesty's 
crown, or carried her pretensions beyond those limits? Is it not uni- 
versally notorious that this dividing line was always respected by 
both nations, and that even after the acquisition of Liouisianna by the 
United States, the different governors of Louisiana and Texas, with 
a view to avoid disputes, came to an agreement to consider the terri- 
tory between the Mermenta and the Sabine, as neutral, and that it 
should remain unsettled? Is there the least probability that the Unit- 
ed States would propose such an arrangement if they conceived them- 



f75] 



11 



selves to be the owners of the immense country lying between that 
river and the Rio del Norte? I cannot but think you must admit 
these facts. As to the other points of the frontier separating the 
possessions of both powers, they are equally well known, being accu- 
rately determined and defined in solemn treaties, and particularly in 
that of 1795, between Spain and the United States. The dividing 
line between the dominions of the two powers to the eastward of the 
Mississippi* was fixed on that river at the northernmost part of the 
31° of north latitude, running thence due east to the mid-stream of 
the river Apalachicola or Catahouchie; thence along the mid-stream 
of that river to its junction with the Flint; thence in a right line to 
the head waters of the St. Mary's river, and following the course of 
the same to the Atlantic ocean. On the side of the Gulf of Mexico 
the line has also been accurately determined, so as to prevent its 
ever being confounded or misunderstood. It follows the course of 
the Mississippi, to the Iberville, running through it, and the lakes 
Maurepas, Pontchartrain, and Borgne, to the Gulf of Mexico. In op- 
position to facts of such notoriety, unfounded assertions can have no 
weight. The offer of the United States, made through the medium 
of the French government, to acquire of Spain the territory lying be- 
tween the Mississippi and the Perdido, at the time the United States 
were already in possession of Louisiana, is an additional proof tend- 
ing to demonstrate the certainty and notoriety of the boundaries I 
have just alluded to; and the French government, which sold Loui- 
siana to the United States, solemnly deciared to this government, in 
a note addressed to Mr. Monroe, dated the 2 1st December, 180i, not 
only what was its extent, but that it had delivered that province to 
the United States, such as Spain had retroceded it to France, and 
that so far from having sold to this republic any part of the territory 
east of the Mississippi, known and possessed by England and by 
Spain under the name of West Florida, his imperial majesty, with a 
full knowledge of what belonged to II. C. Majesty, early in the iith 
year of the republic, authorized general Bournonville, his ambassa- 
dor at Madrid, to open a negotiation with Spain, for the purchase or 
cession of the Floridas. From what I had just pointed out, as well 
as from what I have repeatedly stated in the course of our correspond- 
ence, it evidently follows that the reai and unquestionable sacrifice 
was that made by H. C. M. in favor of the United States, as express- 
ed in the abovementioned proposal. 

The continued persistence of your government in its pretensions 
to all the territory lying between th^ Mermenta and the river Bravo 
del Norte, is not sufficient to invalidate the titles of property anc[ pos- 
session which establish the right and dominion of Spain therein, when 
the English colonies, composing the republic of the United States, 
were not yet in existence, nor the French settlements which serve as 
the pretext for the amazing pretensions of your government. For, 
what titles and proofs have been produced to justify them? The dis- 
astrous expedition of M. de la Salle; the absurd grant in favor of 



12 [75] 

Crozat; and the erroneous narratives of travellers, with maps formed 
at pleasure, by uninformed, or interested geographers, such as Melish, 
and others; who run their lines as they were dictated to them, and 
thus disposed of the dominions of Spain as suited their wishes- 
When did La Salle enter the Rio Bravo, and take possession of the 
extensive countries between it and the Sabine? Was not his expedi- 
tion the sole object of which was to discover the mouths of the Mis- 
sissippi, lost on the coast of the province of Texas? Did not the 
Spanish troops immediately advance from Mexico to expel these ad- 
venturers? What establishment did France, or any other nation, ever 
hold on the Bravo or the Colorado? The grant of Louis 14th, no less 
contemptible than the tales and fables of the missionary Hennepin; 
will it, perchance, name the river Bravo, the Colorado, or the Colum- 
bia? It only makes mention of the Mississippi, or river of St. Louis, 
and of the waters emptying therein; and if, under the sanction of that 
grant, it were allowable to include, without reserve, all the lands wash- 
ed by those waters, or ail those which might come in contact with 
them, it would perhaps be no difficult matter to extend that pretension 
to the remotest rocks of Patagonia, and even to the south pole. 

I have demonstrated, by the most abundant evidence, what are 
the unquestionable boundaries which divide the Spanish possessions 
from those of this republic; and notwithstanding, nothing has been 
produced by the United States to establish their pretensions; and 
that the rights of Spain have hitherto been acknowledged and noto- 
rious, without any power ever having disputed the property which 
she has, and always has had, since the 16th century, in the aforesaid 
territories, the government of his catholic majesty is, and at all 
times has, been ready to produce the titles and documents in support 
of its rights, for the greater conviction and satisfaction of your go- 
vernment, and for the impartial comparison of them with those which 
may be presented by the United States. You have declined these, 
in consequence, as you inform me, of the order you have received 
from the President, which only requires that I should subscribe to 
what he has been pleased to decide on; and in case 1 do not agree to 
this, nothing further is wished to be heard in support of the rights of 
Spain; and that your government retracts the proposals it has made 
for the adjustment of the question of boundaries. In consequence 
of so peremptory and categorical a declaration, and of proposals 
which have never been advanced in the course of the present nego- 
tiation, until your letter of 31st October last, to which it is impossible 
I should yet have received an answer from my court, J had no other 
alternative than to transmit a copy of your letter to my sovereign, 
which I have done by the secretary of this, legation; and it will be 
very satisfactory to me, to learn that his majesty, animated as he is 
by the most lively desire to terminate these matters amicably; and on 
being informed that we are already agreed upon all the other points, 
may? in his wisdom, find means to conciliate the wishes of the United 
States with the interests and dignity of his crawn. In the mean 






[75J 



13 



while, it. is necessary I should inform you, that as the proposals made 
to me in the name of the President, are, as you signify, no longer ob- 
ligatory, in like manner do those cease to be obligatory which I have 
made to you, by the order of my government; and that, consequent- 
ly, the rights of the crown of Spain are entirely free as to whatsoever 
appertains to it. 

I cannot, however, refrain from expressing to you my inability 
to comprehend, upon what grounds the United States decline the 
proposal of submitting the pending differences, in their actual state, 
to the judgment and decision of one or more friendly powers, in 
whom the United States may place full confidence. I have 
read with the greatest attention the note referred to by you, and I 
candidly confess that I have continued in the same uncertainty. 
When two nations cannot meet on points upon which they may dis- 
agree, a spirit of equity, and the iove of justice require, and the law 
of nations points out, a recourse to the arbitrament of an impartial 
third party. This maxim, so deserving of respect, was adopted by 
the United States themselves, on the occasion of their acceptance of 
the mediation of Russia in their differences with Great Britain; and 
also on that of their agreement with the latter power, to submit to 
arbitrament whatever difficulties might arise in the settlement of their 
boundaries, A similar course has been adopted by all nations under 
similar circumstances; and in fact, what mode is there, when two na- 
tions (or two individuals in particular cases) cannot agree upon a 
certain point; each one conceiving they have reason and justice on 
their side; but to submit the question to the impartial judgment and 
decision of a third party, chosen to their mutual satisfaction? Spain, 
convinced that this mode was the fairest and most expeditious, was 
anxious to adopt it, with all the sincerity and good faith which have 
characterized her; and in the event of its not being adopted, through 
the unalterable opposition of your government, there can be no room 
for apprehension or regret, as to the opinion which will be formed 
by the impartial world on this point. 

In reference to what you state respecting the transmission, by- 
order of the President, to the minister of the United States at Ma- 
drid, of all the evidence and documents relative to the conduct of the 
governor of Pensacola, and the commandant of St. Marks, with in- 
structions to lay them before his catholic majesty's government; and the 
demand, in consequence of the nature of the facts therein exhibited, 
of the condign punishment of those officers; I abstain from offering 
further proofs in addition to those I have already presented, of the 
good conduct, honorable proceeding, and strict discharge of duty, on 
the part of those individuals, acting under the authority of the king 
my master, and in conformity with the existing treaty between the 
two nations; as the opportunity will be afforded of examining and 
comparing at Madrid the evidence adduced by Mr. Erving, wish that 
which my government has received, or may receive, from the au- 



14 [75] 

thorities whose duty it is to transmit it, If, upon such examination 
and comparison, it should appear that the governor of West Florida, 
and his officers, have conducted themselves impioperly, I am confi- 
dent that due punishment will be inflicted on them; and if, on the 
other hand, the American general and officers should be found to have 
acted in an unjustifiable manner, the United States cannot hesitate 
to proceed against them, nor to indemnify Spain for the losses and 
injuries sustained in consequence of the aggression complained of. 

With respect to the conduct of general Jackson in the invasion of 
Florida, and i he excesses committed there, in violation of the soveieign- 
ty-anddignitt of a friendly power, as they are public and notorious, and 
sufficiently reprobated by public opinion; and as they are identified 
with the subject which has just been referred to, I likewise abstain 
from answering the arguments by which you have endeavored to 
justify that officer, in the note I have the honor to reply to. What- 
ever may be the causes which, in the view of your government, jus- 
tified the war against the Seminoles, you cannot fail to admit how 
kri'l robable it is, that those miserable Indians, feeble and wholly des- 
titute as they are, could have provoked it. In the letter of the chief, 
Boieck, to the governor of St. Augustine, of 20th December, 1816, 
copy of which 1 had the honor to transmit you on the 27th of March 
last, you must have remarked, that he speaks of assassinations, car- 
rying off of men and cattle, usurpations of his territory, and even 
forging of treaties for the cession of lands, signed or marked by the 
names of persons unknown to the chiefs of the Creek nation; who, he 
adds, are alone authorized to transfer the general property; of all 
which he accuses the Americans. Besides, the friendship and good 
understanding existing between the two nations, and the treaty itself, 
3>n the authority of which the measures of general Jackson are sup- 
ported, decisively required, that any complaints which there might 
be against the Indians, should be laid before his majesty's govern- 
ment, or before his minister near this republic, previous to the adop- 
tion of violent measures, as it was scarcely possible that those ex- 
cesses could be restrained by his majesty so long as he remained ig- 
norant of them, and was only informed of the complaints of the con- 
tinual vexations exercised towards the miserable Indians by the 
citizens of this Union. 

I refrain from attempting any refutation of your remarks on the 
admission by the Spanish governor of Florida, of two English 
traders into that province, without orders from his catholic majesty's 
government, or without notifying general Jackson thereof. It is 
evident, that if he admitted them by order of the king's government, 
he was under no obligation to notify the American general of it; and 
if he admitted them without the necessary order, he was solely re- 
sponsible to his sovereign for his conduct. The unquestionable fact 
is, that general Jackson, at the head of his army, fell upon Florida as 
a haughty invader and conquerer, regardless of the laws of humanity, 
and the feelings of nature, and put to a cruel death two foreigners* 



[75] 



15 



who there enjoyed the protection of Spain, and an asylum which has 
ever been held sacred by all civilized nations; thereby offering an un- 
exampled insult to the sovereignty and independence of Spain; tram- 
pling under foot the most solemn compacts, founded on the laws of 
nations; and contemptuously driving from that province the Spanish 
commandants and troops in garrison there. Your further remarks 
on the restrictive system of the Spanish government, are not strictly 
conformable to the fact; since you cannot be ignorant, that explora- 
tors, travellers, and even American officers with yoops, have at dif- 
ferent periods traversed the provinces and territories of the crown of 
Spain rn that part of America; and that only such persons have been ar- 
rested, as have been found violating the laws of the country, or aiding, 
with arms in their hands, banditti and rebels, for the purpose of sub- 
verting good order and public tranquillity. 

Before I conclude this note, I have to state; that if the project 
of the definitive adjustment of ail the differences pending between 
the two governments, which 1 presented to you on the part of mine, 
also included the claims for American captures made by the French 
on the coasts of Spain, or carried by them into Spanish ports, and 
there condemned in the first instance by French consuls, it was a 
sacrifice agreed to by Spain, with a view to terminate once lor all 
these unpleasant disputes; and by this additional proof of her conde- 
scension and generous friendship for the United States, to conciliate 
a correspondent proceeding on the part of your government, ficm a 
respect to national law, and the solemn principles of justice and equi- 
ty? as it regards Spain; but this sacrifice, as well as that offered by 
me on the subject of boundaries, and the cession of the Fioridas, 
ceased to have any effect or force, from the moment your 0,-overnment 
refused to admit the said project; and consequently, his catholic ma- 
jesty relinquishes to the United States all the rights they may have 
to claim of France for the said prizes condemned by her consuls and 
tribunals. Whilst that nation exists, no recourse can in equity be 
had on Spain, for indemnity fo- those spoliations. The recourse on 
Spain can, in no wise, be considered but as secondary. France being 
the aggressor, comes under the obligation as a principal. It was she 
who derived the benefit ot those prizes, and on her devolves the re- 
sponsibility for their amount; and Spain has only become accountable 
in this concern, as the security or caution of France. In conformity 
with this principle, an opinion has been given by three of the most 
eminent advocates of this country, who were consulted on the sub- 
ject. It is also in strict conformity with the principles of natural law, 
and the venerable canons of common justice. It is in vain that re- 
ference is had to the letter of the existing treaty, to supppose and 
insist on the contrary. That treaty can never receive an interpreta- 
tion contradictory of those principles, and the dictates of human rea- 
son. 

The obligation of Spain cannot extend farther than to claiming 
of France, in behalf of the United States, and employing her best 



16 [75] 

endeavors to obtain for them a settlement and satisfaction from that 
nation; which, however, is to be understood onlv in case the United 
States have not already been indemnified by France, as has been re- 
peatedly declared by the French government, or may have adjusted 
or abandoned that right by the treaty of 1800, and in subsequent con- 
ventions, as I have seen it stated in several public writings in this 
country. 

Until I receive fresh orders, it is my duty to insist on the adop- 
tion of such measures by your government, as will promptly and ef- 
fectually put a stop to the piracies which, for a series of years, have 
been carried on in various ports of this Union against the commerce 
of Spain. This system of plunder has been carried to a height un- 
exampled in history: and the clamors of the reflecting part of the 
people of the United States denounce it to the whole world as a pub- 
lic calamity. 

As to the exchange of the ratifications of the convention, of 1802, 
I am ready to proceed to execute it with you, whenever you will be 
pleased to name a time for that purpose. 

„In the meanwhile, I renew to you the -assurance of my distin* 
guifched consideration, and I pray God to preserve you many years! 

(Signed) LUIS DE OMS, 

IVashington, 12th December, 1818. 



> X^frtfr***^ 



18 th CONGRESS, f 2 1 

2d Session. 



$&®VSffiSBB&8 



FROM 



THE DEf ABTMENT OF STATE, 



J STEADED TO ACCOMPANY 



arije yrtsflrtutto jWf^nse in Goujivfgg, 



OE SEVENTH DECEMBER XA^T, 



JANUARY 5, 1825. 
Printed by order of the House of Representatives. 



WASHINGTON: 

SRTNTED By GALES & SEATOK. 

J 825, 



% *w 



M % •• % 



V 



m 



179 



LIST OF PAPERS SENT, 



1. 


Mr. Adams to Mr. ' Forsyth, No 


.16, 


13 June, 1821, copy* 


2. 


Same to same, 


17, 


16 June, 1821, do. 


3. 


Same to same, 


18, 


18 June, 1821, do. 


4. 


Same to same, * 


20, 


20 June, 1821, do. 


5. 


Mr. Brent to same, 




25 Sept. 1821, do. 


6. 


Mr. Adams to same, 


21, 


9 Mar. 1 822, do 


7. 


Mr. Forsyth to Mr. Adams, 


38, 


2 May, 182*, extract. 


8. 


Same to same, 


39, 


20 May, 1822, do. 


?> 


a. Mr. De la Rosa to Mr. 








Forsyth, 




15 May, 1822, translation 


9. 


Mr. Adams to Mr. Forsyth, 


24, 


19 June, 1822, copy. 


10. 


Mr. Forsyth to Mr. Adams, 


40, 


23 June, 1822, extract. 


99 


a. Mr. De la Rosa to Mr. 








Forsyth, 




21 June, 1822, translation 


if 


b. Mr. Forsyth to Mr. De la 








Rosa, - 




22 June, 1822, copy. 


19 


c. Manifesto to the courts of 








Europe - 


* 


translation. 


11. 


Mr. Forsyth to Mr. Adams, 


■41, 


28 June, 1822, extract. 


12. 


Same to same, 


44, 


26 Aug. 1822, extract. 


IS. 


Mr. Adams to Mr. Forsyth, 


26, 


23 Oct. 1822, copy. 


14. 


Same to same, 


27, 


16 Dec. 1822, copy. 
3 Jan. 1823, do. 


15. 


Same to same, 


30, 


16. 


Mr. Appleton to Mr. Adams, 




20 Mar. 1823, extract. 


17. 


Mr. Anduaga to same, 




9 Mar. 1822, translation. 


18. 


Mr. Adams to Mr. Anduaga, 




6 Apr. 1822, copy. 


19. 


Mr. Anduaga to Mr. Adams, 




11 Apr. 1822, translation. 


20. 


Same to same, 




24 Apr, 1822, do. 


21. 


Same to same, 




11 Oct. 1822, do. 


22. 


Same to Mr. Meade, 




16 Oct. 1822, do. 


23. 


Same to Mr. Adams, 




11 Dec. 1822, do. 


24. 


Same to same, 




14 Dec. 1822, do„ 


25. 


Mr. Anduaga to Mr. Adams, 




6 Jan. 1823, do. 


99 


«. Note of the Secretary of 
Despatch of State to Mr. 








Forsyth, 




3 Sept. 1 822, do.. 


26. 


Mr. Anduaga to Mr, Adams, 




23 Feh. 1823, do, 


.?> 


a. Mr. Daunes to Mr. Anduaga, 




12 Feb. 1823, do. 



J80 



[2 1 



27. 


Mr. Anduaga to Mr. Adams, 




6 Mar. 1823, translation 


28. 


Same to same, 




7 Mar. 1823, do. 


29. 


Mr. Salmon to Mr. Adams, 




^5 Apr. 1823, do. 


SO. 


Same to same. 




28 Apr. 1823, do. 


j> 


a. Testimony in the case of 








the Ninfa Catalana, 


. 


do. 


31. 


Mr. Adams to Mr. Salmon, 




29 Apr. 1823, Copy. 


32. 


Mr. Brent to same, 




22 Sept. 1 824, do. 


33. 


Mr. Salmon to Mr. Brent, 




29 Sept. 1824, translation 


?> 


a. Paper communicated with 








the above* 




19 Sept. 1824, copy. 


34. 


Mr. Adams to Mr. Nelson, 








general instructions, 




2 8 Apr. 1823, extract 


35. 


Mr. Nelson to Mr. Adams, No, 


>4, 


15 Jan. 1824, do. 


19 


a. Same to Count Ofalia, 




10 Jan. 1824, copy. 


36. 


Same to Mr. Adams, 


35, 


15 July, 1824, extracts. 


37. 


Same to same. 


39, 


11 Sept. 1824, do. 


79 


a. Same to Mr. de Salazar, 




7 Sept. 1 824, copy. 


38. 


Same to Mr. Adams, 


42, 


4 Oct. 1824, extract. 


39. 


Same to same, 


43, 


12 Oct. 1824, do. 


99 


a. Same to Mr. Bermudez, 




6 Oct. 1 824, copy. 


99 


b. Mr. Bermudez to Mr. Nelson, 




8 Oct 1824, translation* 


99 


c. Mr. Nelson to Mr. Bermudez. 


t 


9 Oct. 1 824, copy. 


f? 


d> Same to same, - 




12 Oct 1824, del 



[2] 181 



®®®WBMBsrcrs* 



(No. i. ) 

Mr. Mams to Mr. Forsyth — No. 16. 
Department oe State, 

Washington, June 13, 1821. 

Sir: The hope had been entertained, after the ratification by both, 
parties of the treaty of 22d February, 1819, between the United States 
and Spain, that all our relations with that country would, thenceforth, 
have been of the most amicable character, signalized only by the in- 
terchange of good offices. It Is painful to be obliged, on the return to 
your station at Madrid, to charge you with representations to be 
made to the government of Spain, relative to the unwarrantable dc* 
lays by the Governor and Captain General of the Island of Cuba, in 
taking the measures incumbent upon him for carrying the treaty into 
execution. 

By the seventh article of the treaty, the Spanish troops were to be 
withdrawn from the ceded territories, and possession of them was to 
be given of the places occupied by them, within six months after the 
exchange of the ratifications, or sooner if possible. And the United 
States were to furnish the transports and escort necessary to convey 
the Spanish officers and troops, and their baggage, to the Havana. 

As soon as was practicable after the exchange of the ratifications, 
arrangements were made, on the part of this government, with the 
view of carrying into effect these stipulations. The royal order from 
the King of Spain to the Captain General of the Island of Cuba, for* 
the delivery of the ceded territories, and of the archives belonging to 
them, to the commissioner of the United States authorized to receive 
them, had been transmitted with the Spanish ratification of the treaty 
to the Minister of Spain residing here, to be delivered by him after 
the exchange of the ratifications. It was accordingly delivered by 
him. Colonel James Grant Forbes was appointe'd by the President 
to carry it to the Governor of Cuba, and commissioned to receive the or- 
ders to the Governors or Commanding officers of the places within the 
territories, fbr their delivery, and also the archives which were to be 
given up. The United States' ship Hornet was despatched to the 
Havana, with Col. Forbes, who was instructed, on receiving them, 
to proceed with them, forthwith, to Pensacola, taking suitable mea- 
sures for transmitting the order to the Governor of East Florida, at 
St. Augustine. A letter from the Spanish Minister here to the Go- 
vernor of Cuba, was also furnished to Col.. Forbes, announcing him 
as the officer authorize/! to receive the order for delivery and the c- 



182 [ 2 ] 

chives. General Jackson was appointed by the President Governor 
of East and West Florida, and was instructed to proceed immediately 
to Montpelier, t!>e post within the United States nearest to Pensacola; 
there to await the arrival of Col. Forbes, with the necessary orders; 
upon which the General was directed to receive possession for the 
United States, and to provide for the transportation of the Spanish 
officers and troops, and, their baggage, to the Havana; and by a liberal 
construction of that article of the treaty, . the provisions necessary for 
the subsistence of these officers and troops, on their passage, was con- 
sidered as concluded within its obligation. 

General Jackson reached the post of his destination on the 30th of 
April. On the 22d of the same month, Colonel Forbes had arrived 
in the Hornet, at the Havana; and had he been despatched without 
delay; might have arrived at Pensacola in season for the reception of 
General Jackson, without any unnecessary detention. The letters re- 
ceived at this Department from Colonel Forbes, copies of which are 
herewith enclosed, exhibit a series of delays on the part of the Gover- 
nor, for which no adequate reason is assigned, but which have already 
produced great public inconvenience to the United States, and which, 
if longer continued, will give them the most serious grounds of com- 
plaint. The last letter received from Col. Forbes, bears date the 23d 
of May, when his detention had already been protracted more than a 
month, in the interval of which the re-appearance of the disease inci- 
dent to the climate excited strong apprehensions for the health of the 
captain and crew of the Hornet, as well as of Col. Forbes himself. 
There is too much reason for the alarm, with regard to Capt. Reid, 
who is stated, by accounts of dates more recent than those officially 
received, to have been, on the 28th of May, still at the Havana, and 
Very dangerously ill. 

General Jackson, desirous of ascertaining the number of men for 
whom it would be necessary to procure transports and provisions, as 
well as to make arrangements for the supplies necessary to the^troops 
of the United States who were to take their place, sent, on the first of 
May, Dr. Bronaugh and Judge Brackenridge to Pensacola, with a 
communication of Don Jose Callava, Governor of West Florida, to 
communicate to him the commission and authority with which he was 
clothed, and to ask of him such information as would be necessary for 
the arrangements adapted to the evacuation of the territory by the 
troops of Spain, and to the taking of possession on the part of the 
United States. Governor Callava declined making any such com- 
munication, declaring himself subordinate altogether to the Governor 
General of Cuba, and that he did not feel authorized to act at all in 
regard to the execution of the treaty, until duly instructed to that cf- 
feet by his superior officer. The letters, copies of which are enclosed, 
contain intimations from various sources, that all these dilatory pro- 
ceedings have too much connexion with private purposes, and dis- 
honorable pecuniary speculations. It is yet wished, that this awk- 
ward and unpleasant state of things may, before this, have terminat- 
ed; but the unreasonable delays of the Governor General of Cuba, 
inconsistent no less with good faith than with the good harmony 



[2] 



<J8S 



which we are so desirous of cultivating with Spain, cannot be suf- 
fered to pass without animadversion. You will take the earliest oppor- 
tunity, after your arrival at Madrid, to make suitable representations 
on this subject to the Spanish government; and to state, that, what- 
ever unpleasant or injurious consequences may result from this un- 
warrantable conduct of the Governor of Cuba, must be attributed 
altogether to him. 

By the fourth article of the treaty, each of the contracting parties 
engages to appoint a commissioner and a surveyor, to meet before the 
termination of one year from the ratification of the treaty at Natchi- 
toches, on the Red River, to run and mark the boundary line. Col. 
McRaehas been appointed the commissioner on the part of the Unit- 
ed States, and will be ready to proceed on the important duties of the 
commission, as soon as the appointment of the Spanish commissioner 
and surveyor shall he notified to us. It is further stipulated, that the 
two Governments will amicably agree respecting the necessary arti- 
cles to be furnished to those persons, and to their escorts, if necessary. 
At the time of the exchange of the ratifications, General Vives, at my 
request, promised to remind his Government of the necessity of an 
immediate appointment of the commissioner and surveyor on their 
part. It is presumed this will have been done before you reach Ma- 
drid. Your attention to the subject is, nevertheless, requested, incase 
any tiling should yet remain to be done, to put in train the execution 
of this article. As the necessary supplies for the commissioners will 
be, naturally, best known on the scene of their operations, it is pre- 
sumed the Spanish Government will authorize its minister here to 
agree, for them, to such arrangements, in this particular, as may be 
found necessary. 

I am, with much respect, sir, 

Your very humble and obedient servant, 
JOHN QUINCY ADAMS. 

JOHX FoESYTH, 

Minister Plenipotentiary U. S. to Spain* 



( No. 2. ) 
Mr. Mams to Mr. Forsyth. — No 17. 

Department of State, 

Washington, 16th June, 1821. 

Sir: Since my letter of the 13th inst. a letter of the 28th ult. with 
inclosures, has been received from Col. James G. Forbes, copies of 
which will be forwarded to you next week. By a letter of the 5th 
inst. from Mr. Warner, our Commercial Agent at the Havana, we 
are informed that Col. Forbes, in the Hornet, sailed for Pensacola on 
the 30th ult. and the Nonsuch for St. Augustine on the 1st inst. 

It is hoped, that, on the arrival of these vessels at their respective 
places of destination, no further vexations and unwarrantable delays 



184 [ 2 ] 

will occur in the execution of the seventh article of the Treaty. But 
Col. Forbes lias been obliged to depart without the archives and pub- 
lic documents, which were stipulated by the Treaty, and directed by 
the Royal Order to the Governor and Captain General of Cuba, to 
be delivered over to us. 

As Col. Forbes thus appears to have been at last despatched, the 
uncertainty as to the extent of time during which this measure might 
he protracted, has ceased, and the representation which, by my letter 
of the 13th inst. you was requested to make to the Spanish Govern- 
ment, will properly be accommodated to the circumstances as now 
known to us— with the complaints of delays, without the assignment 
of any reasonable cause, which it will yet be proper that you should 
prefer, a firmer confidence in the expectation that no further 
unnecessary postponements will occur, may be expressed, but 
our disappointment at the detention of the archives, will also require 
to he more explicitly signified; and it will be very desirable that you 
should obtain a new and peremptory order to the Governor and Cap- 
tain General, for the delivery of all the archives and documents to 
which we are entitled by the Treaty, which will leave him no apolo- 
gy oi" pretence for either denial or procrastination. 
J am, with much respect, Sir, 

Your very humble and obedient servant, 

JOHN QUINCY ADAMS, 
John Foesyth, 

Minuter Plenipotentiary U. S. to Spahu 



(No. a.) 

Mr. Adams to Mr. Forsyth.— No. 18.. 

Department of State, 

-" 

Washington, ISthJunt., 1821. 

Silt: Herewith are enclosed copies of a letter from Captain 
Dowries, commander of the United States' frigate Macedonian, to the 
Secretary of the Navy, together with correspondence between him 
and the Vice Roy of Peru, relating to certain transactions, in which 
several persons belonging to the Macedonian lost their lives, and 
others were wounded; and much injury was suffered by the American 
schooner Rampart, for which some responsibility seems to attach to 
the officers and troops of Spain, if not personally to the Vice Roy. 

These papers are transmitted to you, that you may he in posses- 
ion of the facts, and that you should make such representation of 
Icm to the Spanish government as may he warranted by circum- 
' ances. Much of the injuries suffered by our people in this case, is, 



[2] 



185 



perhaps irreparable; but, in communicating the facts and the corres- 
pondence to the Spanish Government, without any specific or formal 
demand of reparation, you will avoid any form of statement which 
might foreclose any such demand, which, upon further and more spe- 
cial information, may hereafter be found necessary or proper. 

I am, with much respect, sir, your very humble andob'dt serv't, 

JOHN QUINCY ADAMS, 
John Forsyth, 

Minister Plenipotentiary U, JS, to Spain. 



(No. 4.) 

Mr. Mams to Mr. Forsyth. — No. 20. 

Department of State, 

Washington, June 20, 1821.. 

Sir: In a despatch received from Mr. Brent, at Madrid, dated the- 
23d of March last, it is observed, that, as, by the 20th article of the 
decree of the Spanish Cortes, of 6th Oct. last, the same tonnage du- 
ty and other charges, are to be exacted from American vessels in the 
ports of Spain, as are paid by Spanish vessels, in those of the United 
States, he suggests the propriety of transmitting a note of the char- 
ges upon Spanish vessels here, that it may be officially communicated 
to that Government. 

The duties paid by Spanish vessels, in the ports of the United States,, 
are 50 cents a ton, for tonnage, and the same sum for light money. 
They pay none others, to which vessels of the United States are not 
equally subjected; but an advance of ten per cent, on the amount of 
duties levied upon articles, the produce or manufacture of Spain, im- 
ported from Spain, in vessels of the United States, is paid when they 
are imported in Spanish vessels. 

By an act of Congress of 3d March, 181 5, since limited in its opera- 
tion to the first day of January, 1824, all these discriminating duties 
are repealed, the repeal to take effect in favor of any foreign na- 
tion, whenever the President shall be satisfied that the countervail- 
ing, or discriminating duties of such foreign nation, so far as they 
operate to the disadvantage of the United States, have been abo- 
lished. 

Upon this act, if the 20th article of the decree of the Cortes of 6th 
October last, had stood alone, the President would have issued his 
Proclamation, declaring the repeal to have taken effect from that 
date, in favor of the vessels and produce, or manufactures of 
Spain. 

But, from your despatch of 22d November, last, it appears that the 

duties, payable on goods imported into Spain; in foreign vessels, are 

regulated by the decree of 6th November, 1820, refering to a former 

regulation, by which they pay one third, or 33J- per cent more than 

31 



186 [ 2 ] 

in Spanish vessels—a discriminating duty, more llian three times hea- 
vier than ours, and under which the act of Congress, of 3d March, 
1815. cannot take effect* 

The ace of 3d March, 1815, being an offer made to all commer- 
cial and navigating nations, is a manifestation of the liheral spirit of 
Congress, which, it is hoped. when understood, the Cortes will duly 
appreciate. You will take a proper occasion of suggesting to the 
Spanish Government, that, in the operation of their two decrees, upon 
their Commercial relations with us, there is an inconsistency of prin- 
ciple between the 20th article of the decree of the 6th October, 
and the 5th article of that of 6th November; since, while the 
former places the direct duty upon shipping on the fair and equi- 
table principle of perfect reciprocity, the latter lays a heavy indirect 
charge upon all foreign shipping, winch totally destroys the balance, 
so accurately poised in the other. Yon will add. that, if the Cortes 
will extend the principle of reciprocity to the indirect charge of J up- 
or* the^nicrchandise, the produce or manufacture of the two countries^ 
respectively, the President will readily issue his Proclamation, con- 
formably to the act of 3d March, 1815, and thencelbrwards, Spanish 
vessels and Spanish produce, or manufactures imported in them, will 
pay no more than the vessels of the United States, on the same ar- 
ticle imported in them. 

Mr. Brent has, during your absence, urged the admission of Con- 
suls of the United States in the ultra ''marine Ports of Spain, without 
obtaining a definitive answer. You will resume the subject immedi- 
ately after your return. There appears to be no doubt that a Russian 
Consul has been formally recognized at Manilla. At the Havana, 
our intercourse has become so great, that t]w agency of a consul is as 
necessary to the convenience of the Colonial Government, as to our 
citizens. Numbers of seamen frequent that port, who, in illness or dis- 
tress, will become burdensome to the lo.cai Government itself, unless 
provided for by an acknowledged agent of our own. 

In general, I beg leave to recommend to your particular attention 
our Commercial relations, both with Spain and all her possessions. The 
effect of the recent changes, by the Cortes, will come more immedi- 
ately under your observation, th an ours, and you will lose no oppor- 
tunity which may present itself, of removing any obstructions, or of 
promoting any facility or advantages to our commerce. 

You will not fail to avail yourself of any opportunity, winch may 
be accessible, to obtain copies of records which may throw light oh 
the titles to possessions in the newly cv&cd territories, and particular- 
ly, which may tend to screen the public from the imposture of false,,, 
illegal, or forfeited concessions. You are authorized to employ Mi\ 
Rich, in this service, if you think it expedient, anc] to charge in voup 
accounts any reasonable expense which it may occasion. 

I am, with much respect, sir, 

Your very ob't servant 

joms; quixcy adams- 

John Forsyth, 

Mni&ier Flcnipaientiarif United States to Spain. 



f_r] 'ml 

'(No. 5.) 



JJTr. Daniel Brent to J/?\ Forsyth* 

Washington, 25tft September, 1821* 

Snt: I received a letter from Mr. Adams, at Boston, a few days 
ago, directing me to forward to you the copy enclosed, of one which 
lie has written to General Vivos, upon the subject of the cannon at- 
tached to the fortifications in the Fioridas, and the provisions furnish- 
ed for the transportation of the Spanish garrisons, &c. to the Havana. 
I am sorry that I cannot send., at the same time, a copy of the letter 
<}£ 'General Vives, to which this is a reply; that letter being in the 
tiands of Mr. Adams, who is still at Boston. 

You will find in the public prints, which accompany this, the state- 
ment of a very unpleasant occurrence at Pensacola, in the arrest and 
imprisonment of the Ex Governor, GallaVa, by the order of Governor 
Jackson, for refusing to deliver up some papers, supposed to he in- 
teresting to individuals, at Pensacola, and which were regularly de- 
manded of him, at the instance, and upon the representation of the 
Alcalde of the court, Bracken ridge. Governor Jackson, himself, has 
furnished this Department with a full and particular account of the 
transaction, in which he states the motives and the grounds of his 
proceeding in it, and of that which grew out of it in relation to Judge 
Fronicntin, which is not materially different from that taken from the 
Floridian, except in the exposition of the motives and grounds of his 
conduct. The Secretary, upon his return to this place, will, probably, 
have occasion to give you special instructions on this subject; and you 
will, then, I presume, he furnished with the. copies of. all the papers 
connected with it. 

I have the honor to be, very respectfully, 

Sir. ybur obedient and humble servant, 

DANIEL BRENT. 
«f oiin Forsyth, 

MinMet Flempoientiaty tX S. Madrid-. 



(No, 6.) 

ktfntfldams to Mr. Forsijtk^—M. £1. 

Department of State, 

Washington, 9th March, 1822. 

Sir: Your despatches, from No. 26, to No. 81, inclusive, with their 
enclosures, have been received. 

I have now barely time to enclose, with this letter, the communica- 
tions made by the President to Congress, during their present session, 
relating to our affairs with Spain. The Message yesterday sent in, 
and which you will find in the National Intelligencer of this morning, 
inay, perhaps, f xcite the attention of the Spanish Government; and 



188 [2 ] 

should any manifestation of it be made to you. its purport will enable 
you to give every necessary explanation concerning it; and, particu- 
larly, that it resulted from a disposition in no wise unfriendly to 
Spain. 

With this letter you will, also, receive a letter from the President 
to His Catholic Majesty, on the recall of General Vives, which you 
are requested to present in the usual form. 

I am, with much respect, sir, 

Your very humble, and obedient serv't. 

JOHN QUINCY ADAMS. 
John Forsyth, 

Minister Plenipotentiary II. S. Madrid. 



(Xo. 7.) 

Extract of a letter, ..Vo. 38, from Mr. Forsyth to the Secretary of State. 

dated 

Madrid, May 2d, 1 822. 

*t The President's message to Congress, of the 8th of March, car- 
riod to Liverpool by the March packet from New York, was brought 
to this government by a special messenger from Mr. Onis. The mes- 
sage was published in the French and English papers that arrived 
here on Monday week. On the-afternoon of that day, Iliad a ca- 
sual conversation with Don F. M. de la Rosa. I asked him, if he 
knew such a message I sad been sent to Congress; he replied, that he 
had seen it in the French papers of that morning. From his mode of 
expressing these few words, and his suddenly shifting the conversa- 
tion to an indifferent subject, I saw that this event was not expected 
by the ministers here, and has created great sensibility." 

"You will find in the Madrid Gazette of the 29th ultimo, herewith 
enclosed, a circular of the Minister of War on the subject of the 
Spanish officers who have left the ultramarine army, to return to this 
Peninsula. It is interesting, as, joined to other circumstances, it 
tends to shew the determination of this government to continue the 
war with some, at least, of their former provinces. " 



(No. 8.) 

Extract of a letter, No. 39, from Mr. Forsyth to the Secretary of State 9 

dated 

Madrid, May 20, 1 822. 

" The King and royal family went down to Aranjuez, shortly after 
the meeting of thf Cortes; the diplomatic body made the ordinary 
complimentary visit on the Queen's day, and it was understood 
among us, that we were to pay no more visits until the anniversary 
of the King's entrance into Madrid, on his return from France, on 
the 13th of this month, and St. Ferdinand's day, the 30th. Notes 



f>] 



189 



were written by the Secretary of State, on the 4th of April, inviting 
us to be present at the time of the delivery of the wife of Bon Carlos; 
(a copy of that to me is enclosed, Ho. 1 • ) I had determined not to 
go; but a second note, on the 30th, (copy, No. 2.) and the knowledge 
that ail the other ministers had gone down to Aranjuez, induced me 
to change this determination, being unwilling, especially at this junc- 
ture, to give any room for complaint, from a failure to comply with 
the customs of the court. I went to Aranjuez on the 5th instant On 
the 7th, I received a note, (copy marked No. 3,) to attend at the 
expected delivery of Don Francisco's wife. The wife of Don Fran- 
cisco gave birth, on the 13th instant, to a prince. Although I had 
been so long at Aranjuez, I received no notice to attend, when the 
event took place. Under ordinary circumstances, I should have taken 
it for granted that the omission was accidental; but, in the present 
state of the relations of Spain and the United States, I thought it 
necessary to ascertain that it was not an intended slight. I wrote, 
therefore, on the 13th, a note to M. de la Rosa, (copy, No. 4.) to 
which I received a satisfactory reply, (copy, No. 5.). On the 16th, 
the other princess was delivered of a second son. I had notice, but 
not early enough to get to the apartment adjoining that of the prin- 
cess, to witness the exhibition of the new-born babe, at which I very 
heartily rejoiced. 

" On the 14th instant, I received your No. 21, enclosing the Pre- 
sident's answer to the King's letter of recall of General Yivez. Copies 
of my note to the Secretary of State, and of his reply, on the subject 
of that letter, are enclosed, (No. 6 and 7.) I remained in Aranjuez 
until the 17th ; and, agreeably to the King's wish, as communicated 
to me by the Secretary of State, I delivered the letter on that day. 

« Nos. 8 and 9 are copies of the Secretary of State's answers to the 
application for a continuance of the privilege of depositing, free of 
duty, naval stores, &c. for the exclusive use of our squadron in the 
Mediterranean, at Mahon, and to that for an order in favor of Ame- 
rican vessels coming loaded with prohibited goods to St. Sebastian's. 
The refusal to continue longer the privilege of deposit at Mahon, was 
altogether unexpected, and shew r s that this government is determined 
to prove to us its displeasure at the Message of the 8th of March. It 
is the more remarkahle, as the Cortes, in their session of the 6th of 
April, approved a report of the committee of Hacienda, recommending 
that this privilege should be continued. A statement of this determi- 
nation of the Cortes, translated from the Government Gazette, is as 
follows: 

" The Committee of Hacienda, in view of the application of thu 
Minister of the United States for the continuance, for an indefinite 
period, of the permission to introduce, free of duties, into the port of 
Mahon, the naval stores for the use of the American squadron cruis- 
ing in the Mediterranen, is of opinion that the request should be ac- 
ceded to, taking the necessary precautions to avoid abuses. Approved." 

" I had previously understood from the English Secretary of Em- 
bassy, Mr. Harvey, resident Minister since Sir H. Wellesly's depar- 
ture; that M. de la Rosa had spoken of the President's message of the 



190 t 2 ] 

8th of March as hostile towards the Spams, and the report of the 
committee of the House of Representatives as an attack upon legiti- 
macy. On my return to Madrid, on the 18th, I saw M. de la Rosa, 
and, as instructed hy your No. 21, assured him that the message 
* resulted from a disposition in nowise unfriendly to Spain.' He 
spoke with a great deal of warmth on the subject ; said it was what, 
from the friendly conduct of the Spains to the United States, they 
could not have expected; in no state of circumstances could it have a 
friendly effect on the interests of this Government ; that it appeared, 
from the message itself, that, not satisfied with taking this step our- 
selves, we had been, and still were, instigating on other governments 
to do so likewise, and that the measure was .adopted upon information 
incorrect in itself, and derived from sources of doubtful authority. 
As it regarded Mexico and Peru, especially, there was asbolutely no 
authentic information communicated to Congress with the message, 
as was proved by a copy of the published documents in his office. He 
considered it particularly injurious to Spain at this moment, when 
they were about setting on foot a negotiation with the different parts 
of Spanish America. He concluded by expressing an opinion, that 
the Spanish Americans were unequal to self-government, and Chat 
their independence, instead of being accelerated, would be retard- 
ed by this act of our Government. I replied, that the message 
itself explained the ground upon which the step was taken; that the 
intentions of the President were not unfriendly to Spain. As to the 
effect of the measure, it would, or it would not be injurious, accord- 
ing to the views of this Government. If they were disposed to yield 
to circumstances, and act prudently, it could do them no injury. I 
made no reply to his remarks on the published document, as I had 
not seen them. As to the communications made to other foreign Go- 
vernments, instead of being unfriendly, they had, in reality, pro- 
ceeded from a contrary disposition — -from a desire, on our part, that 
other powers, more remotely concerned in the question, should express 
an opinion on it at the same time with ourselves, with a view to its 
effects on the policy of this Government. That this step was taken in 
entire ignorance of the negotiation to which he alluded. The Cortes 
Extraordinary had authorized the Government to enter upon this 
negociation onhj in February last. The only information possessed 
hy the Government of the United States, of conciliatory attempts on 
the part of Spain, was the knowledge of the mission to Buenos 
Ayres, in 1820, and of the negotiation begun here with the Com- 
missioners of Venezuela, in 1821. The first had totally failed, the 
commissioners of Spain not being permitted to land; and the second 
had been interrupted by an order from the Government to the Com- 
missioners of Colombia to leave the kingdom. It might be conve- 
nient to Spain to delay, but circumstances did not permit other Go- 
vernments to imitate her dilatory policy. That M the Spanish Ame- 
ricans were unequal to self-government, " I thought an unfortu- 
nate observation, as it proved, if true, that they were not fit to 
to live under the Spanish constitution. We should regret very much 
that a measure intended to be useful, should prove injurious to either of 



C2] 



*91 



the parties, but should not be satisfied that such would be the effect, 
until experience had proved it. The conversation terminated by a 
remark on his part, that what was intended to he done by the Presi- 
dent was yet uncertain, and that they would wait, to* know how far 
the Government of the United States would go." 

" There has been a council of state on this act of ours. A protest 
was recommended; the Minister of Spain not to be withdrawn from 
the United States, at least for the jiresent, and the preparation of the 
necessary force to act efficiently in ultramar, as formerly advised by 
the same council. This advice, it is said, has been sent to the Cortes, 
and is before the commission of ultramar; of this I have no certain 
information, but it is altogether probable. 

"The proposed admission of the flags of the Spanish American go- 
vernments into English ports, is said to be as vexatious as our deter- 
mination to recognize their independence. Of herself, Spain can do 
nothing but negotiate with the Spanish American governments. Nor 
has she the means to procure the assistance of other powers, which 
she is willing to give and they willing to accept. M. de la Rosa has 
spoken to some of the foreign ministers here of the proposed recogni- 
tion as a violation of treaty stipulations; referring, I conjecture, to 
the treaty of Utrecht, and of the Holy A liance, with which we have 
as little concern as with the compact be i ween Rome and Carthage. 
Constitutional Spain is no favorite with the Holy Alliance, and the 
.revolution of 1820, glorious as it was for this country, settled the 
question between the Spanish old and new world. The use of force, 
to be sent from Europe, since March of that year, has not been se- 
riously thought of. The liberal government adopted here, and the 
equality of rights and privileges offered to the Spanish Americans, 
were supposed to be means sufficient to restore at least a portion of 
revolted Spanish America, and assure the fidelity of the parts still 
connected with Spain, to the empire. The appeal of M. de la Rosa 
to the principles of the Holy Alliance, is a proof of mental weakness 
I did not expect from him* 

" If a successor is appointed, w T ith directions to come to Spain 
about that time, all the necessary instructions will, of course, be 
given to him; if not, you will be so good as to communicate to me 
what disposition the President desires to have made of the affairs, of 
the legation, when I am about to leave Spain, and, in either case, to 
furnish me with the necessary documents to enable me to take leave 
liere with decorum.* 5 



192 [ 2 ] 

(No. 8.— a.) 

Don Francisco Martinez de la Rosa to Mr. Forsyth. 

[translation.] 

Madrid, May 15th, 1822. 

Sir : I acknowledged to you, in proper time, the receipt of your note of 
the 18th of September last, in which you requested that his Majesty 
would extend, for an indefinite or a limited time, the privilege which 
he was pleased to grant, on the 26th of February, 1821, to admit 
into Mahon, for the term of six months, naval stores and provisions 
sent from the United States, for the exclusive use of the American 
squadron cruising in the Mediterranean. 

Having submitted a translated copy of the above note of yours to 
the Secretary of Hacienda, he replied to me that his Majesty was not* 
disposed, at present, to grant the extension for which you applied. 

I renew to you the assurances of my most distinguished considera- 
tion, and pray God to preserve you many years. 
Your very obedient servant, 

FRANCISCO MARTINEZ DE LA ROSA* 
To Mr. John Forsyth. 



(No. 9.) 
Mr. Adams to Mr. Forsyth. — No. 24. 

Department of State, 

Washington, 19th June, 1822. 

Sir: Since I had the honor of writing you on the SOth ultimo, I 
have received your letter, No. 36, of 15th April, enclosing your ac- 
counts. 

A letter, of which a translation is now enclosed, has also been re- 
ceived from the Spanish minister, Anduaga.? 

If the Spanish government are desirous of postponing the meeting 
of the Commissioners to run the line, we are not disposed to urge 
them to it. You will, accordingly, not press the subject upon them; 
and if they address you concerning it, will manifest our readiness to 
attend to it at their convenience. 

I am, with great respect, Sir, 

Your very humble and ob't servant, 

JOHN QUINCY ADAMS, 
John Forsyth, 

Minister Plenipotentiary U* S* Madrid. 



[2] 

( No. 10. ) 



19$ 



Extract of a letter, JS ? o. 40, from Mr. Forsyth to the Secretary of 

State, dated 

Madrid, June 23, 1828. 

"Mr. De B arras arrived here twenty days since, with Mr. Andy- 
aga's protest against the message of the 8th March, and your reply. 
On the gist, I received from the Secretary of State, two copies of a 
manifesto, passed by order of the king to the different courts of Eu- 
rope, One of them is enclosed with this despatch, with a copy of the 
note received with it, and of my acknowledgment of their receipt. 
This manifesto was prepared in obedience to the resolutions of the 
Extraordinary Cortes, a translation of which was sent to you with 
my No. 34. When it was written, I do not know; but my belief is, 
that it has been prepared since a copy of the President's message, of 
8th March, was received by this government. I wait with some 
anxiety to receive instructions subsequent to the close of your corres- 
pondence with Mr. Anduaga, on this subject. I cannot anticipate 
exactly what this government will do. The probability is, that they 
will not do more than break off their diplomatic intercourse with us. 
If this is done by merely recalling their minister from the United 
States, I shall not feel at ease until I know the wishes of the Presi- 
dent. 

"The 'informe' of the commission of Ultramar, on the memoir of 
the minister of Ultramar, which you will receive herewith, is an 
interesting document, although the question between the Spanish 
American Government and Spain is not considered under the new 
shape it assumed after the President's message of the 8th of March; 
the i informe' will serve to put you in possession of the views of a 
respectable committee of the Cortes, after the message was known to 
have been sent to Congress. The idea of establishing neutral ports 
in Spanish America, and a neutral flag only, for the Peninsular and 
American Spaniards, is new. The only propositions that promise any 
practical good, are those made by Sanchez, already alluded to, and 
those with which Sbarra, a member of the commission of Ultramar, 
concludes his particular vote. Every thing which has been done on 
this subject, proves conclusively, that the Cortes and the Government 
are satisfied that they are without the power to produce a reunion of 
Spanish America with the Peninsula, by force; yet, with this convic^ 
tion, there exists a perverse determination not to adopt the only mea- 
sure which promises to be advantageous to Spain. The Cortes will 
close its session in a few days; they will probably do something be- 
fore they rise. I expect, however, nothing of a decisive character. 
There have been lately several secret sessions^ with what object, as 
yet? I know not." 



32 



194 12] 

( No. 10— a. ) 
JUon Francisco Martinez de la Rosa to Mr. Forsyth. 

[translation.] 

Don Francisco Martinez de la Rosa presents Ins respects to the 
Minister of the United States of America, and has the honor to en- 
close to him two copies of the manifesto, which the Ministers and 
Charges d ? Affaires of Spain have passed to the Courts of Europe, by 
order of His Majesty. 

Palace, June 21 st, 1822. 

; ( No. 1 0— b. ) 
Mr. John Forsyth, to U. E. the Secretary of Despatch of State. 

To H. E. the Secretary of despatch of State, Mr. John Forsyth 
presents his respects, and has had the honor to receive the two copies 
of the manifesto, passed by order of U. C. M. to the Courts of ^ii- 
rope, enclosed with H. E. note of the 2 1st instant. 

June 22d, 182.2, 

( No, 10— c. ) 

[translation.] 

Manifesto, that, by order of II. M. the Ministers and Charge d? Affaires 
of Spain have passed to the Courts of Europe. 

His Catholic Majesty, in calling the attention of his august allies 
towards the dissident Spanish provinces of America, judges it not 
only useless, but unseasonable, to examine the causes which produc- 
ed, in those countries, a desire to separate from the mother country; 
it is sufficient to H. C. M. to have the consolation, that it was not the 
abuse of power, nor the weight of oppression, which originated so se- 
rious an event; and that only extraordinary circumstances, and the 
terrible crisis in which Spain saw herself compromised, to free her 
throne and her dignity from the imminent risk of a foreign usurpa- 
tion, could occasion a disunion so fatal between the members of one 
and the same family. 

Since that epoch, as glorious as unfortunate, various have been the 
political aspects which the different provinces of Ultramar have pre- 
sented; military events have succeeded each other with alternate suc- 
cess; the cause of the dissidents lias taken a different direction in 
each one of the principal parts of that immense continent: and H. M. 
sees, with the most profound grief, those interesting regions suffering 
all the ills, and exposed to all the dangers, which are the inevitable 
consequences of a revolution. 

For the same reason, H. C. M. desires ardently to put an end to a 



[2] 



195 



situation so painful of anxiety and of uncertainty; and, carrying into 
execution the beneficent resolutions of the Cortes, has named the re- 
spective Commissioners to proceed to the dissident provinces of Ultra- 
mar, hear their propositions* transmit them to the Spanish govern- 
ment, and open a frank and sincere correspondence, \vhich may have 
for object and end the good of those countries and that of the nation in 
general. 

H. C. M. docs not present himself to those provinces as a resentful 
monarch before his misled subjects, but as a pacific mediator in the 
discords of his children. He casts a veil over the past, in order to see 
the present without any kind of prejudice, and contemplates the actual 
situation under all the relations which unite it with the future. The 
common good of the provinces of both hemispheres; this is the only 
end of the negotiations; this, its only basis; this, the common centre 
where all its combinations must be directed. 

Never has a more important transaction presented itself; but neith- 
er is it possible for a government to prepare to commence it with great- 
er loyalty and good faith. H. C. M. cannot persuade himself that 
the interest of the provinces of Ultramar can be found in opposition 
to that of European Spain; and this sentiment, so worthy of his 
heart, stimulates him to look for the means of reconciling their com- 
mon advantages, and offers him a consolatory confidence that it will 
not be impossible to find it. H. C. M. gratifies himself with the flat- 
tering hope that this frank and generous confidence will spare those 
regions whole ages of misery and destruction; prevent civil war and 
anarchy from retarding the progress of civilization and improvement; 
avoid the depopulation, poverty, and immorality, which attend great 
political oscillations, and which condemn to disgrace and misery one 
generation, without securing the repose or the felicity of the following. 

H. C. M. believes, at the same time, that the greatest good he can 
procure to Peninsular Spain, is, to put an end to a desolating and fra- 
tricide war; and that, placed between brothers, united by the ties of 
blood, and of religion, of language, of customs, and even of conve- 
nience itself, his voice cannot fail to be heard with benefit to one and 
the other. 

But H. C. M. extends his views to a more extensive horizon, and 
considers this great question as an European question. A long time 
passed before the prodigious effects of the discovery of the new world 
were perceived in this continent; nobody could foresee them, much 
less calculate them; it was an unknown, immense career, without any 
barriers to confine it within its space. The same, H, M. judges, 
may be said of the great events which are agitating America, and 
whose effects must influence, necessarily, and in a very rapid manner, 
the lot of Europe. It is not possible to determine the degrees of this 
influence, nor the alterations which it must produce in the reciprocal 
relations of the one and the other hemisphere; but H. C. M. hesitates, 
not to affirm, that the transaction which fixes the lot of the Spanish 
provinces of America, and puts an end to the blind ami. impetuous 



196 L2 3 

course of its revolution, will be one of the benefits the most memor&= 
ble for the civilized world. 

Necessities, commerce, habit, communications of every species, have 
united, with multiplied bonds, the two hemispheres; audit is easy to 
conceive, that an entire continent, delivered to the struggle of the pas- 
sions, and made the theatre of a durable revolution, cannot fail to in- 
fluence perniciously the political and moral relations of Europe, when 
it has scarcely began to recover from the agitations and disturbances 
it has labored under for the space of thirty years. 

There will be, perhaps, superficial spirits, who will see a solid and 
established government and a constituted nation, in each province 
which may have declared its independence; and who, without attend- 
ing to obstacles of any kind, nor to the principles of public right, nor 
to the best known maxims of the law of nations, will believe, that 
the mere fact of the separation of a province from the state of which 
it formed a part, legitimates its existence! insulated and independent! 
and gives it the right to be recognized as such by other powers. 

But governments fortunately know, by a sad experience, the effects 
which are produced by a similar overthrow of principle; they foresee 
the consequences of its propagation, not less fatal to legitimate go- 
vernments than to the integrity of nations; and are well aware of the 
consequence to Europe, of sanctioning, in America, as some pretend* 
the undefined right of insurrection* 

Thus it is, that H. C. M. believes not only interested in this ques= 
tion those nations who possess colonies and establishments in Ultra- 
mar, to which the same theory could be applied, that it is now intend- 
ed to legitimate, with respect to the Spanish provinces of America; 
but, that he also considers this business as intimately connected with 
those conservatory principles that offer securities to all governments 
and guarantees to society. 

Before this great and capital object, all other considerations disap- 
pear hj their smallness, and therefore H. C. M. does not recur to 
those subaltern reasons, which, in ordinary times and circumstances, 
are employed by policy in support and defence of justice. 

Although the question is viewed under this other aspect, Spain pre- 
sents, in all her relations, new and powerful motives, which ought to 
excite, in her favor, profound sentiments of the most severe impartial- 
ity. Without any kind of ambitious pretension, placed with respect 
to all nations in an inoffensive situation, and dedicated, exclusively., 
to affirm and consolidate her interior felicity, she can neither pro- 
voke jealousies nor rivalries, nor cause to be desired the violent dis- 
memberment of the various parts of the monarchy, with the object of 
debilitating it. Spain, however powerful she may be, cannot threat- 
en the repose nor the security of other nations; and Spain, rich and 
powerful, could advantageously influence the preservation of the equi- 
librium of power. An instinct of honor and of loyalty re-united the 
unknown elements of her strength, and, engaged in the most unequal 
struggle, gave time to the continent to rise up against the common 
enemy, and destroy his oppressive yoke. This fact alone renders \m 



C2] 



197 



necessary all reflections and commentaries. It alone inspires inte- 
rest in favor of the magnanimous nation, and announces what ought 
to be its destiny, always beneficient, and never offensive — nature and 
policy designate it this advantageous position on the map of nations. 

This grand political view was not hidden from the European cabi- 
nets, when they saw destroyed the colossal and exaggerated power 
which Spain, alarming Europe, had exercised ibr the space of two 
centuries. 

After a long struggle, it was determined, at last, to fix the lot of 
Spain, considering it en woven with the federal European system, and, 
at the same moment, was foreseen the advantage of affirming her pow- 
er, securing it, in America, a point of support that might augment its 
weight, in the political balance, to maintain the equilibrium of Eu~ 
r6pe. 

To such a point was given importance to this consideration of gene- 
ral interest, that Spain obliged herself not to transfer or dispose of, in 
any manner, any portion of her territory in America; and, in order to 
make its possession more secure and inviolable, and to remove even 
the motives for suspicion and want of confidence, she deprived herself 
even of the liberty of conceding to other nations, by any means, or 
tinder any pretext, the commerce and trade with those countries. 

Time, notwithstanding, has produced a very important alteration in 
this point, and a more enlightened policy, the change in the mercan- 
tile relations, the rectification of economical principles, and a multi- 
tude of other combined causes, has convinced Spain that it will be as 
prejudicial to her peninsular interests, as injurious to the provinces 
of Ultramar, to aspire to the preservation of a commercial monopoly, 
formerly viewed as the bond of union between the two great moieties 
of the monarchy. 

H. C 4 M. judges, on the contrary, that those ties only are durable 
which are founded on the common interest, and that peninsular Spain 
may obtain commercial advantages favorable to her industry and na- 
vigationj without aspiring to a privilege so exclusive; that new ne- 
cessities and new desires, arising from the progress of civilization 
and of wealth, makes necessary a more frank and liberal system for 
f he provinces of Ultramar; and that, in place of struggling uselessly 
with the mercantile spirit, which has so much influence in the politi- 
cal system of modern nations, the true interest of Spain consists in 
conciliating it, instead of provoking it as an irreconcileable enemy. 

Proposing to itself such important objects, all the laws, all the dis- 
positions given since the restoration of the constitution, have a ten- 
dency beneficent, generous, and to the colonization of strangers in 
Spanish America, and to the freedom of commerce in those regions; 
and the experiment made in the island of Cuba has been sufficient to 
demonstrate, practically, that the general interest of all nations, the 
interest of the provinces of America, and that of European Spain, all 
coincide in one same point. 

By this simple and natural mean, H. C M. has found absolutely 
removed the only obstacle that might prevent the most perfect union 



198 [2] 

between tlie policy of Spain and that of the other cabinets. A solid- 
stable, and recognized government, a faithful observer of its treaties; 
prepares to treat with the dissident provinces of America, and offers 
to the other powers the greatest commercial advantages; it would not 
be possible to designate (even when the question should be reduced 
to the simple calculation of lucrative interest) an object which might 
serve as a counterpoise in the opposite extreme. 

The civil wars and the anarchy that frequently succeed revolutions, 
and especially when their elements are so heterogeneous and contra- 
dictory as in America, are surely not calculated to augment the ex- 
changeable products of a country, nor to invite strangers with the 
effective and persuasive security which is the soul of commerce; nor 
can precarious and uncertain governments, without any guarantee, 
secure themselves the advantages which they may offer- It is now 
twelve years since Buenos Ayres, delivered to its own fortune, has toiled 
in vain to consolidate a government and the misery and depopulation 
suffered by the provinces of Costa-firma. have retarded instead of ac- 
celerating their wealth and prosperity. In matters of this class when 
facts come in support of reason, it is useless to oppose to certain and 
known results, vague and indefinite hopes. 

But, it appears only as if a new calamity has taken place, in con- 
firmation of the evils which should have been foreseen — the insurrec- 
tion of the American continent has given color and support to the pi- 
racy of the seas, and commerce in general begins to suffer from the 
insecurity and dangers of this immoral and barbarous war, which 
knows no law but that of sordid interest and which treats and despoils 
as enemies the industrious individuals of ail nations, indiscriminately. 

Hence, and by an admirable concatenation, every thing concurs to 
establish the utility and urgency of a definitive arrangement of a bu- 
siness of such vast and profound ramifications, and every thing con- 
tributes to stimulate the Spanish government not to retard, by any se- 
condary motive, a transaction so important 

H. C. M. flatters himself with the greatest satisfaction, that, about 
to establish with the dissident provinces this ample and friendly com- 
munication, he will find in the other governments that circumspect 
and deliberate conduct that justice prescribes, and that policy recom- 
mends, and that sentiments of impartiality and benevolence inspire. 

The Spanish nation, treating to put an end to a domestic discord, 
the same inviolable respect which it professes to the rights of other 
nations, inspires it with the just confidence of being treated recipro- 
cally with the same considerations, not being able to suspect, even on 
the part of the nations who desire to continue in friendship and har- 
mony with her, any hazarded step which might suppose already re- 
solved the question which the Spanish nation is about to decide as its 
own, in use of its legitimate acknowledged rights, and which it has 
never, in any manner, renounced. 

In which state, the same means made use to excite government to 
the recognition of the independence of the dissident Spanish provinces 
of America, will offer on the contrary a notorious and solemn occasion 



[ 2 ] 19H 

to sanction the fundamental principles upon which the integrity and 
tranquillity of nations and the public morality of governments re- 
pose. 

The tenor and spirit of treaties, the good faith which ought to reign 
between friendly powers, the conviction of an obligation supported 
equally by an enlightened and foreseeing policy, the real welfare it 
self of the dissident provinces, and even the general utility of all the 
potentates, offer an equal number of securities to H. C. M. that his 
laudable desires will find in his august allies the most favorable and 
friendly reception. 

Madrid, June 28, 1822. 



(No. 11.) 
f 

Mabuib, June 28th, 1822. 



Extract of a letter, «7Vb. 4 1 from Mr. Forsyth to the Secretary of State* 

dated, 



" I have not been able to ascertain if any thing has been said or 
proposed in the Cortes, during their secret sessions, with regard to 
the United States. There is one striking circumstance that renders 
it probable that there has. In the discussion of the business of 
Ultramar, not even the most remote allusion has been made to the 
resolution of our Government to recognize the Spanish American 
Governments. — The message of the 8th of March, your subsequent 
correspondence with Anduaga, and the determination of the Council 
of State, when consulted by the Ministers, are certainly known to 
the Cortes, if not, as is more probable, formally communicated to 
them. I can hardly conceive it possible, that a reference to this step 
of ours should not have been made, if it had not been studiously 
avoided, and I see no sufficient motive for a studious avoidance of it* 
if the subject had not been under consideration in a different shape. 
This is mere conjecture; you will give to it its due importance, as you 
are made acquainted with the foundation of it." 



F ( No. 12. ) 

Extract of a letter, M). 44, from Mr. Forstjth to Mr. Adams, dated 

Madrid, August 26th, 1822. 
"The late events have had a favorable effect for us. The danger 
so near home has drawn their attention from American affairs, and 
blunted the sensibility excited by our recognition of the Governments 
established in our hemisphere. Every one feels too, that, among the 
Governments, the Spanish Constitution has no friends but the United 
States, and perhaps England. Every one is sensible that Spain has 
$o power to compel Spanish America to unite with the Peninsula, and 



200 [ 2 ] 

that no assistance is to be procured from the European Powers, with 
out a sacrifice of the free institutions now established here. The ad- 
ministration has passed into the hands of a party at all times more 
reasonable, and less prejudiced on this subject, than tliose who hare 
heretofore administered the Government." 



( No. 15. ) 
Mr. Mams to Mr. Forsyth. — No. 26. 

Department oe State, 

Washington, QSd Oct. 1822. 

Sir: By an act passed at the last session of Congress, (8th May, 
1822,) for ascertaining claims and titles to land within the Territory 
of Florida, a commission was established, to consist of three Commis- 
sioners, for the adjudication of claims at Pensacola and St. Augus- 
tine, under certain rules, regulations, and conditions, prescribed in 
the act. James P. Preston, Nathaniel A. Ware, and Samuel R. 
Overton, were appointed the Commissioners. 

I have the honor of enclosing, herewith, copies of letters from two 
of them, Mr. Ware, and Mr. Overton, in session as a Board at Pen- 
sacola, and from Joseph M. White, their Secretary, from which you 
not only perceive conclusive proof of the indispensable necessity, for 
the purposes of public justice, that the documents and archives trans- 
mitted to the Havana should be delivered up, conformably to the 
express stipulation of the Treaty; but, what is still more extraordi- 
nary, that copies have been produced before the Board, certified by the 
Captain General himself, at the Havana, of documents which could 
not, consistently with good faith, be withheld. 

By the decease of the Captain General, Mahy, the duties of his of- 
fice have passed into other hands. The President hopes and trusts, 
that it will afford an opportunity, of which the Spanish Government 
will readily avail itself, to redeem the pledge of their express and po- 
sitive engagements. He desires you, therefore, to renew, in an ear- 
nest, though friendly. and conciliatory manner, the application for the 
most explicit orders to the commanding officer at the Havana, for the 
delivery to the United States of all the archives and documents, re- 
lating to the sovereignty and property of Florida, which, conforma- 
bly to the Treaty, should have been surrendered. They include, of 
course, all documents relating to land titles in the Province — since 
the Province, itself, is the only place where they can he useful or ne- 
cessary, to establish the right of any one to property there; and 
since such rights can, in most cases, be established there only by 
them. 

Should the Spanish Government accede to this demand, due to its 
own good faith no less than to justice, you will request that a dupli- 
cate of the order to the Captain General or commanding officer at the 



[2] 



201 



Pavana, for the delivery of the archives, should he furnished to you, 
to be transmitted hither, that it may be forwarded hence by a person, 
duly authorized, by the Government of the United States, to receive 
them. 

I am, with great respect, Sir, 

Your very humble and obedient servant, 

JOHN QUINCY ADAMS. 
John Foestth, Minister, $*c. 



( No. 14. ) 
Mr. Mams to Mr. Forsyth. — No. 2r. 
Department of State, 

Washington, 16th December, 1822. 

Sib: I have had the honor of receiving your despatches to No. 48^ 
inclusive, with their enclosures: 

Copies of a late Correspondence between the Spanish Minister, 
Anduaga, and this Department, relating to the capture of the Span- 
ish Privateer Brig Palmyra, by the United States' Schooner Gram- 
pus, are. herewith transmitted; and in the printed documents, and pa- 
pers now forwarded, you will see the multiplied outrages and depre- 
dations to which the commerce of the United States has been, and 
continues to be, exposed, from pirates, issuing chiefly from the islands 
of Porto Rico and Cuba. To the distressing catalogue of injuries 
which we have, thereby, sustained, is now added the loss of several 
lives of our seamen; and, among them, that of Lieutenant Allen, com- 
mander of the Alligator, who perished in the act of re-capturing live 
valuable vessels which were in possession of the pirates. 

This evil has been long growing to a magnitude which is no longer 
supportable, nor remediable, but by measures of promptitude and 
vigor. These atrocious robberies are committed by men issuing from 
the ports of those islands, in shoal waters, and under the protection 
of the very shores; in many cases, with small boats unapproachable 
by vessels of force adequate to subdue them. When closely pursued, 
they abandon their boats, and escape to the shores; and, when suc- 
cessful, the fruits of their • . .'less plunder are exposed, in the public 
marts of the island, with an indecency little creditable to the author- 
ities of the island themselves, which have, hitherto, made little more 
than ostensible exertion to suppress them. 

In this state of things, a plan has been laid before Congress, for 
their Consideration, for the organization of a force specially adapted 
to the extirpation of this cluster ofbfanditti — a force adapted to pursue 
them into the shallow waters, where they have, hitherto, often found 
a too effectual refuge. To its complete success, it may, occasionally, 
be necessary for our officers and men to follow them, even to, and 
34 



20,2 [ 2 ] 

upon the shores of the island; of this necessity the President wishes 
you to apprize the Spanish Government, and to obtain their imme- 
diate consent thereto. You will state that the urgency of the case 
will not admit of delay, and that he trusts it will be assented to by 
Spain, without hesitation. You will, at the same time, press upon 
the Spanish Government the propriety of instructions being given* 
forthwith, to their commanding officers in those islands, toco-operate, 
try the most effective means, with our naval force, for the suppression 
of these common enemies of the human kind? and of affording to our 
officers every facility in their power in aid of their operations. An 
agent will be shortly despatched to the Havana, for the purpose of 
concerting with the authorities in Cuba the measures which may be 
most effectual to this end, and of giving effect, by communication with 
the officers commanding our armament, to their proceedings. He 
will, also, he charged with authority to receive the archives and do- 
cuments, relating to Florida, which have been so long withheld, and 
for the delivery of which, by your despatch, No. 48, it appears that a 
new and positive order has been promised. 

I am, with great respect, sir, 

Your very obedient and humble serv't, 

JOHN QUINCY ADAMS, 
John Forsyth, 

Minister Plenipotentiary 11 S. Madrid. 



( No. 15. ) 

Mr. Mams to Mr. Forsyth — No. SQ» 

Dep-artme^vt of State, 

WasJiingioUi 3d January , 1 823. 

Sir: Mr. Edward Wyer, the bearer, is despatched, as a confident 
iial messenger, with the letters and documents winch he will deliver 
to you. The unpleasant incidents which occurred in the course of 
the last summer, at Algiers, are, doubtless, known to you. If the 
misunderstanding should be known to you to be still subsisting, up- 
on Mr. Wyer's arrival at Madrid, he is instructed to. proceed thence 
with a despatch to our Consul General, Mr. Shaler, wherever he 
snay he. 

It is hoped, however, that,, 'ere this* an amicable explanation may 
bave removed the difficulties which had arisen, and that Mr. Shaler 
will have returned to Algiers, and resumed his Consular functions 
"there. In that case, Mr. Wyer will transmit the despatch for Mr» 
Shaler* with which he is charged, by any safe and ordinary mode of 
conveyance, and will return here with any despatches which you may 
entrust to him; waiting* as long as you may think advisable, for the 
answer to the demand of permission to pursue the pirates of Cubaota 
the shores of the island. 

Resides the corresuondeuce with Mr. Anduaga, copies of which 



|> ] 508 

life* herewith, transmitted, I have received several Very long and 
earnest communications from that Minister, the replies to which 
Iiave been, and yet are, delayed, in the hope that they may be re- 
ceived, by him, in a disposition more calm and temperate than that 
which is manifested by his notes. lie appears to think it material 
to the interest of his Government, to maintain the attitude of ioud 
complaint in regard to transactions, with respect to which the prima- 
ry cause of complaint is on our side. The only exception to this re- 
mark, relates to a miserable attempt at an expedition against the 
island of Porto Rico, headed by a foreign officer, named Dccoudray 
de Holstein, hut on board of Which were some misguided citizens of 
the United States. One of the vessels appears to have been fitted out 
at Philadelphia and one at New York, but the first intimation of 
these facts, received by this Government, was long after they had 
sailed, and from the island of St. Bartholomew's. 

We have since learnt that the masters of the vessels Were deceiv* 
ed with regard to their destination; and that, when it was discovered 
hy them, they positively refused to proceed upon it, and insisted up- 
on going into the island of Curracoa, where the chief, and others, of 
the expedition, were arrested. You will make this known to the Spa- 
nish Governments and assure them that this Government kiiew noth- 
ing of this expedition before the departure of the vessels from the 
United States- This will not be surprising* when it is known that 
it escaped equally the vigilance of Mr. Anduaga himself, who di- 
vides his residence between New York and Philadelphia, and of ail 
the other Spanish official agents and consuls at those places. 

Mr. Anduaga has taken this occasion to renew* with much sensi- 
bility, all his own complaints* and those of his predecessors, against 
armaments, in our ports, in behalf of the South American Patriots; 
and even against that commerce which our citizens, in common with 
the subjects of all the maritime rations of Europe, have, for many 
years* maintained with the people of the emancipated colonies. These 
complaints have been so fully, and repeatedly answered, that there 
is some difficulty in accounting for Mr. Anduaga's recurrence to 
them with the feelings which mark his notes concerning them*, Should 
the occasion present itself* you will give it distinctly to be under- 
stood, that, if some of those notes remain long, and may, even final- 
ly, remain unanswered, it is from a principle of forbearance to him, 
and of unequivocal good will towards his Government* and his country* 
I am, with much respect* sir, 

Your very humble and obedient serv't* 
JOHN QULNCY ADAM§. 
John Forsyth, 

Minister Plenipotentiary tk 8, Madrid* 



204 [ 2 ] 

(No. 16.) 

Extract of a letter from Mr, Appleton to Mr. Mams, giving the $uh= 
stance of a conversation with the Secretary of State for Foreign Af- 
fairs, dated 

Madrid, 20th March, 1823. 

" I determined to improve the first opportunity of sounding Mr. 
San Miguel. This opportunity was presented on the 15th, when he in- 
formed me that he had resisted the demand of England to be permit- 
ted to land on the Island in pursuit of pirates. I said, that if it was 
true, as circulated, that the British had landed 500 men at Matanzas, 
they had not been satisfied with his answer. To this Mr. San Miguel 
replied, that he did not believe the report, as the only pretext which 
the English could allege for landing, had been abandoned by tKem, 
on being assured that the Governor of Cuba would readily co-ope- 
rate with their fleet for the destruction of the pirates." 



{No. 17.) 

Don Joaquin de Jluduaga to the Secretary of State, 

[translation.] 

Washington, 9th March, 1822, 
Sir: In the National Intelligencer of this day, I have seen the 
Message sent by the President to the House of Representatives, in 
which he proposes the recognition by the United States of the insurgent 
Governments of Spanish America. How great my surprise was, may 
be easily judged by any one acquainted with the conduct of Spain 
towards this Republic, and who knows the immense sacrifices which 
she has made to preserve her friendship. In fact, who could think 
that, in return for the cession of her most important provinces in this 
hemisphere; for the forgetting of the plunder of her commerce by 
American citizens; for the privileges granted to this Navy; and for 
as great proofs of friendship as one nation can give another; this Ex- 
ecutive would propose that the insurrection of the ultra marine pos- 
sessions of Spain should be recognized. And, moreover, will not his? 
astonishment be augmented to see that this Power is desirous to give 
the destructive example of sanctioning the rebellion of provinces 
which have received no offence from the mother country, to those to 
whom she has granted a participation of a free constitution, and to 
whom she has extended all the rights and prerogatives of Spanish 
citizens? In vain will a parallel be attempted to be drawn between 
the emancipation of this Republic, and that which the Spanish rebels 
attempt, and history is sufficient to prove, that, if a harassed and 
persecuted province has a right to break its chains, others, loaded 
with benefits, elevated to the high rank of freemen, ought only to 
bless and embrace more closely the protecting country which has 
(bestowed such favors upon them, 



E2 3 



205 



But, even admitting that morality ought to yield to policy, what is 
the present state of Spanish America, and what are its Governments, 
to entitle them to recognition? Buenos Ayres is sunk in the most 
complete anarchy, and each day sees new despots produced, who dis- 
appear the next, Peru, conquered hy a rebel array, has, near the 
gates of its capital, another Spanish army, aided hy part of the in- 
habitants. In Chili, an individual suppresses the sentiments of the 
inhabitants, and his violence presages a sudden change: on the coast 
of Firma, also, the Spanish banners wave, and the insurgent Gener- 
als are occupied in quarrelling with their own compatriots, who pre- 
fer taking the part of a free power, to that of being the slave of an 
adventurer. In Mexico, too, there is no Government; and the re- 
sult of the questions which the chiefs commanding there have put to 
Spain, is not known. Where, then, are those Governments which 
ought tojbe recognized? where the pledges of their stability? where the 
proof that those provinces will not return to a union with Spain, when 
so many of their inhabitants desire it? and, in fine, where the right 
of the United States to sanction, and declare legitimate, a rebellion 
without cause, and the event of which is not even decided? 

I do not think- it necessary to prove, that, if the state of Spanish 
America were such as it is represented in the message; that, if the exist- 
ence of its Governments were certain and established; that, if the im- 
possibility of its re-union with Spain were so indisputable; and that, if 
the justice of its recognition were so evident, the powers of Europe, in- 
terested in gaining the friendship of countries so important for their 
commerce, would have been negligent in fulfilling it. But, seeing how 
distant the prospect is, of even this result, and faithful to the ties which 
unite them with Spain, they await the issue of the contest, and ab- 
stain from doing a gratuitous injury to a friendly Government, the ad- 
vantages of which are doubtful, and the odium certain. Such will b© 
that which Spain will receive from the United States in case the recog- 
nition proposed in the message should take effect. And posterity will be 
no less liable to wonder that the power which has received the most 
proofs of the friendship of Spain should be the one delighted with be- 
ing the first to take a step which could have only been expected from 
another, that had been injured. 

Although I could enlarge upon this disagreeable subject, I think it 
useless to do so, because the sentiments which the message ought to ex- 
cite in the breast of every Spaniard, can be no secret to you. Those 
which the King of Spain will experience at receiving a notification sa 
unexpected, will be, doubtless, very disagreeable, and at the same time 
that I hasten to communicate it to His Majesty, I think it my duty to 
ftrotesi, as I do solemnly protest, against the recognition of the Govern* 
merits mentioned, of the insurgent Spanish provinces of America, hy the 
United States; declaring that it can, in no way, now, or at any time? 
lessen or invalidate, in the least, the right of Spain to the said provinces, 
or to employ whateber means may be in her power to re-unite them to 
the rest of her dominions. 

I pray you, sir, to be pleased to lay this protest before the President^ 



206 i 2 ] 

and I flatter myself that, convinced of the solid reasons which have 
dictated it, he will suspend the measure which he has proposed to Con- 
gress, and that he will give to His Catholic Majesty this proof of ins 
friendship and of his justice. 

I remain, with the most distinguished consideration, praying God to 
guard your life many years, your most obedient, humble servant, 

JOAQUIN D£ ANDUAGA. 



(No. 18.) 
Mr, Adams to Mr. Jnduagn. 

Department of State, 

Washington, 6th dpril, 182S. 

Sin: Your letter of the 9th of March was, immediately after I 
bad the honor of receiving it, laid before the President of the United 
States, by whom it has been deliberately considered, and by whose 
direction I am, in replying to it, to assure you of the earnestness and 
sincerity with which this Government desires to entertain, and to cul- 
tivate, the most friendly relations with that of Spain. 

This disposition has been manifested, not only by the uniform 
course of the United States, in their direct political and commercial 
intercourse with Spain, but by the friendly interest Which they have 
felt in the welfare of the Spanish nation, and by the cordial sympa- 
thy with which they have witnessed their spirit and energy, exerted 
in maintaining their independence of all foreign control, and their 
right of self government. 

In every question relating to the independence of a nation, two 
principles are involved, one of right, and the other of fact; the for- 
mer exclusively depending upon the determination of the nation it- 
self; and the latter resulting from the successful execution of that 
determination. This right has been recently exercised, as well by 
the Spanish nation in Europe, as by several of those countries in the 
American hemisphere, which had for two or three centuries been 
connected as colonies with Spain. In the conflicts which have at- 
tended these revolutions, the United States have carefully abstained 
from taking any part respecting the right of the nations concerned in 
them, to maintain or new organise their own political constitutions* 
and observing, whenever it was a contest by arms, the most impar- 
tial neutrality. But the civil war in which Spain was for some 
years involved, with the inhabitants of the colonies in America, has> 
in substance, ceased to exist. Treaties equivalent to an acknow- 
ledgment of independence, have been concluded by the commanders 
and vice roys of Spain herself, with the Republic of Colombia, with 
Mexico, and with Peru; while, in the Province of La Plata, and 
in Chili, no Spanish force has, for several years, existed, to dispute 
the independence which the inhabitants of those countries had de* 
clared. 



£ 2 ] 207 

Under these circumstances, the Government of the United States* 
far from consulting the dictates of a policy questionable in its mo- 
rality, yielded to an obligation of duty, of the highest order, by re- 
cognizing as independent states, nations, which, after deliberately 
asserting their right to that character, have maintained and esta- 
blished it against all the resistance which had been, or could be* 
brought to oppose it. This recognition is neither intended to invali- 
date any right of Spain, nor to affect the employment of any means 
which she may yet be disposed or enabled to use, with the view of 
reuniting those provinces to the rest of her dominions. It is the 
mere acknowledgment of existing facts, with the view to the regular 
establishment, with the nations newly formed, of those relations, po- 
litical and commercial, which it is the moral obligation of civilized 
and Christian nations to entertain reciprocally with one another. It 
will not be necessary to discuss with you a detail of facts, upon which 
your information appears to be materially different, from that which 
has beerj communicated to this Government? and is of public noto- 
riety; nor the propriety of the denominations which you have attri- 
buted to the inhabitants of the South American provinces. It is not 
doubted that, other and more correct views of the whole subject, will 
v ) v short!} betaken by your government, and that it will, as well as 
the other European governments, shew that deference to the example of 
the United States, which you urge it as the duty or policy of the United 
States to shew to theirs. The effect of the example of one indepen- 
dent nation upon the counsels and measures of another, can be just, 
Only so far as it is voluntary; and as the United States desire that 
their example should be followed, so it is their intention to follow 
that of others, upon no other principle. They confidently rely that 
the time is at hand, when all the governments of Europe friendly to 
Spain, and Spain herself, will not only concur in the acknowledg- 
ment of the independence of the American nations, but in the senti- 
ment, that nothing will tend more effectually to the welfare and hap- 
piness of Spain, than the universal concurrence in that recognition. 

I pray you, sir, to accept the assurances of my distinguished con- 
sideration, 

JOHN QUINCY ADAMS. 

Don JoAQTJIN DE AnDUAGA, 

Envoy Extraordinary and 

Minister Plenipotentiary fr am Spain* 



( No, 19. ) 
Bon Joaquin de Anduaga to the Secretary of State* 

[translation.] 

Sir: I had the honor of receiving your note of the 6th instant, in 
which you were pleased to inform me that this Government has re- 
cognized the independence of the insurgent provinces of Spanish 



208 [2] 

America. I despatched immediately to Spain, ene of the Secretaries 
of this legation, to carry to his majesty news as important as unex- 
pected; and, until I receive his royal orders upon the subject. I have 
only to refer to my protest of the 9th of March last, still insisting up- 
ou its contents, as if its substance were repeated in the present note. 
With the greatest respect, I renew the assurance of my distinguish" 
ed consideration. 



JOAQUIN DE ANDUAGA. 



Philadelphia, llth April, 1822, 



( No. 20. ) 

Don Joaquin l)e Jlnduaga to the Secretary of State. 

[translation.] 

Sir: As soon us the news was received, in Madrid, of the recent 
occurrences in New Spain, after the arrival, at Vera Cruz, of the 
Captain General and Supreme Political Chief, appointed for those 
provinces, Don Juan O'Donoju; and some papers were seen relative 
to those same transactions; it was feared, that, for forming the treaty 
concluded in Cordova, on the 24 th of August last, between the said Ge- 
neral, and the traitor, Colonel Don Augustin Iturbide, it had been 
falsely supposed that the former had power, from his Catholic Ma- 
jesty, for that act, and in a little time the correctness of those suspi- 
cions was found; as, among other things, the said O'Donoju, when, 
on the 26th of the same August, he sent this Treaty to the Governor 
of Vera Cruz, notifying him of its prompt and punctual observance, 
he told him that, at his sailing from the Peninsula, preparation for 
the independence of Mexico was already thought of, and that its ba- 
ses were approved of by the Government, and by a commission of the 
Cortes. His Majesty, on sight of this, and of the fatal impression 
which so great an imposture had produced in some ultra-marine pro- 
vinces, and what must, without difficulty, be the consequence among 
the rest, thought proper to order, that, by means of a circular to all 
the Chiefs und Corporations beyond seas, this atrocious falsehood 
should be disbelieved; and now he has deigned to command me to 
make it known to the Government of the United States, that it is 
false, as far as General O'Donoju published beyond his instructions, 
hy pointing out to it ? that he never could have been furnished with 
other instructions thin those conformable to constitutional principles. 

In compliance with this order of His Majesty, I can do no less than 
observe to you, Sir, how unfounded one of the reasons is in your note* 
of the 6th instant, for the recognition by this Government of those of 
the Insurgent Provinces of Spanish ximerica; that it was founded on 
the Treaty made by O'Donoju with Iturbide; since, not having had 
that power^ nor instruction to conclude it, it is clearly null, and of no 
value. 



[2] 



209 



I repeat to you, Sir, the sentiments of my distinguished considera- 
tion, and pray God that you may live many years. 

JOAQUIN DE ANDUAGA, 

Philadelphia, 24th April, 1822. 



( No. 21. ) 
Don Joaquin de Jinduaga to the Secretary of State. 

TRANSLATION. 

Philadelphia, l\th October, 1822. 

Sir: I have the honor to transmit to you, a copy of a despatch 
which has been sent to me by the Political Chief of the island of Porto 
Rico, relative to the capture of the Spanish privateer, Panchita alias 
Palmyra, by the United States' vessel of war, the Grampus; and ano- 
ther, of the declaration delivered to the Spanish Vice-Consul in 
Charleston, by the captain of the said privateer. Both documents, 
notwithstanding their having been dictated by persons, and in places 
far apart, are so consistent in the facts to which they refer, that there 
can be no doubt of their certainty. 

The circumstance of the capture of the Panchita are as follows: 
Having approached the Grampus, to deliver an official letter to hei 
captain, having the Spanish flag and pendant flying, and, moreover, 
the parliamentary white flag at the foretop, the Grampus poured 
into her a discharge of her artillery, with such effect thattthe Panchita 
was continually in danger of sinking, and had to surrender. The at- 
tack, the discharge, the assassination of a Spanish mariner, the wounds 
of others, and the destruction of the Palmyra, was all the work of an 
instant, without any preceding altercation or dispute; and as scarcely 
could have been done if the two nations had been at war, because, in 
this case, the commander of the Grampus, before the attack, would 
have demanded a surrender. The succeeding conduct was agreeable 
to such a beginning. He caused to be put in chains and irons one 
part of the crew and Spanish officers, guarding the rest with sentinels in 
view; he first carried his prize and prisoners to St. Thomas, where he 
celebrated his victory with feasting and drinking; from thence he sent 
the wounded to Porto Rico, and. eventually, he carried the privateer 
and the rest of the crew to Charleston, where they were put into the 
public prison, being conducted thither in a manner the most insulting 
and ignominious. 

This is the purport of the subjoined documents; but, not satisfied 
with the evidence which appears from them, I endeavored to procure 
information from the various publications which have been made, in 
the newspapers of this Republic, upon this subject, of the motive which 
had impelled the commander of the Grampus to commit so unheard of 
an outrage; and, at last, in the National Gazette of this city, pf the 



21Q [2] 

7 tli instant. I saw the opinion given by Judge Johnson, in this ease; 
the result of which was, that the aforesaid commander, when in St. 
Thomas', received a complaint from the captain of an American mer- 
chant vessel, the Coquette, of having been robbed of some effects, by 
the mariners of a boat which had been sent to examine her, by a pri- 
vateer, the name of which he did not know, and gave him her marks; 
that Captain Gregory was persuaded that they were those of the Pal- 
myra, and that this was the reason he had for attacking her. It does 
not appear that he stopped to investigate the truth of the complaint; 
and, upon the simple word of an individual, he hurried to attack a ves- 
sel belonging to a nation in friendship with his own, and to sacrifice 
the lives and property of Spanish citizens. Besides, by the subjoined 
declaration of Captain Escurra, you will see, that the accusation made 
by the captain of the Coquette was false; and that, if the individuals 
in the boat, who came to examine his vessel, committed any trifling 
excess, they were restrained in the act, and the guilty reserved for 
future punishment. But yet, admitting the truth of the complaint, the 
same Judge Johnson in his opinion says, that those, only, who had 
committed the crime ought to be punished, and by no means the officers 
and the rest of the crew to which they belonged. Yet Captain Gre- 
gory, with "his impetuosity, sacrificed the lives of those who were not 
yet accused, and the property of the owners of the privateer who never 
could be so. Very clear is the conduct which the captain of the Co- 
quette and of the Grampus ought to have observed, if they believed 
the offence made out, to have demanded of the captain of the Palmyra 
the punishment of the guilty, and if that had been refused, to give in- 
formation to this government, to which that of Spain would have had 
the pleasure of giving the most prompt and complete satisfaction. Far 
from this, the Spanish flag has been insulted and attacked, Spanish 
citizens killed and wounded, Spanish property plundered and carried 
away on the high seas. Such atrocities call for a prompt and severe 
punishment; and. I believe, the informing you of them, sir, sufficient 
to persuade me, that the President, pursuing the principles of justice 
which characterize him, will be pleased to give the most prompt and 
determined orders that the Palmyra be immediately restored and 
delivered to her captain, her crew set at liberty, satisfaction made 
for the immense damages caused to the owners of the privateer; and 
that, to give to Spain the satisfaction which is due to her for the out- 
rage which has been committed on her in this circumstance, he will 
order an inquiry, in the competent tribunal, into the conduct of Cap- 
tain Gregory, that he may be punished as those deserve who so scan- 
dalously violate the general laws of civilized nations, and the treaties 
and particular connexion of two friendly powers. 

I await your orders, sir, and renew the assurance of my high. 
Consideration. 

JOAQUIN DE ANDUAGA. 



[2] 



2ii 



(No. 22.) 
Doji Joaquin de Jlnduaga to Mr, Meade, 
[translation.] 

Philadelphia, October 16, 1822. 

Sir: I have received your letter of the 10th of the present month, 
in which you are pleased to communicate to me that the Commission 
established at Washington, in fulfilment of the treaty of 22d Fehru- 
ruary, 1819, had judicially declared, on the 17th of June last, its 
intention of considering as null the liquidation made by the Spanish 
Government of the claims which you had against it, and of demand- 
ing other proofs of their validity and justice, concluding with asking 
me if you can be certain of the intervention of Spain in your favor, 
and that, in case of necessity, the documents, proceedings, and evi- 
dence, to which you alluded in the letter which you addressed to me 
in April of this year, would be presented? 

What you communicate to me upon the resolution of the commis- 
sion, has surprised me above measure, and I am persuaded that it 
will not persist in it, when it reflects on the injustice which it con- 
tains, and the notable injury which it does to my Government. 

The obligation and the desires of the Commission, in the examina- 
tion of your claim, can be no other than that of being convinced of its 
justice, in order to adjudge to you its amount. For this purpose they 
ought to demand of you the most authentic and credible documents 
that are known in the country in which your claims took place, and 
if you exhibit them, and prove that they have the greatest character 
of authenticity, and that they are authorized by the tribunals esta- 
blished for that purpose in said country, and by the persons to whom, 
being at the head of the Government, entire credit should be given, 
there being neither corporations nor individuals more elevated, and 
in whom greater confidence may be placed, it is clear that the Com- 
mission cannot ask for more satisfactory evidence. Yet the liquida- 
tion which was made to you by the Spanish Government, took place 
at the instances of the Minister of the United States at Madrid, was 
not the work of subjects chosen by the ministry, but of the most re- 
spectable tribunals of Spain, was not examined by one only, but 
by various commissions, composed of persons of the greatest probity, 
high rank, and little disposed to favor you; and, at last, after the 
most minute proceedings, received the sanction of the King. It is 
worthy of notice, that, when all this was done, there was no proba- 
bility that the United States would be obliged to pay this debt, and 
that, when the liquidation which was made to you was communicated 
to the Minister of the United States at Madrid, by the Minister of 
State, he not only made no difficulty, but he returned thanks in the 
name of his Government, and appeared very much satisfied with it. 
This liquidation, thus sanctioned by his Catholic Majesty, admitted 
and approved by the Minister of the United States, is what you pre- 
sented to the Commission; and what document more convincing can. 



212 £2] 



be given by any government? Will the Commission give more credit 
to the signature of a notary, of a merchant, than to the testimony of 
the Council of Finance, of the great tribunal of accounts, of the 
Treasurer General, Minister of Finance, and, in one word, of the 
King himself? Will the Commission refuse its credit to the Monarch 
and authority to their constituents, the President of the United States? 
Can it be doubted, that Spain made with the most scrupulous ex- 
actness a liquidation which, in the time of her greatest fiscal dis- 
tresses, she thought herself bound to satisfy? 

Although I am persuaded that you have made these reflections, I 
thought it my duty to point them out, in order to observe to you the 
natural consequence to be deduced from them, that the Spanish Go- 
vernment will consider it as a grievous insult to see the testimony 
considered as null, which, in Spain, is acknowledged as the most 
sacred and respectable; that she will never consent that the legality 
and integrity with which your liquidation was made, should be 
placed in doubt, which has all the characters of authenticity wh»ch 
could be given to it; and, in fine, that, although it were practicable 
to collect again the documents which served to make the aforesaid 
liquidation, his Catholic Majesty knows too well what is due to his 
high dignity, to the reputation of his Ministers, and to the integrity 
of his tribunals, to admit that a foreign Commission should think 
itself authorized to revise his decrees. As to the rest, you may be 
assured that I am ready to render you what good offices you may 
think necessary with this Government. 

God preserve you many years. 

JOAQUIN DE ANDUAGA. 



(No. 23.) 
[translation.] 

Bon Joaquin de Jlnduaga to the Secretary of State, 

New York, December 11, 1822. 

Sir: The Vice Consul of Spain, at Charleston, has informed me, 
under date of the 28th of November last, that a certain Pereyra, a na- 
tive of the Havana, detained in that prison, had been condemned as 
a pirate. 

Enclosed, I have the honor to send you an original, a judicial 
information, taken at the Havana, in which the innocence of the Pe- 
reyras of the crime of piracy is not only proved, but that they were 
forcibly torn from their firesides, by the crew of an American vessel 
of war, and their property destroyed, in consequence of a violation of 
the Spanish territory, which produced the ruin of said family. In these 
circumstances, I pray you, sir. as the pressure of the case requires, 
to be pleased to obtain from the President an order for the suspension 
of the sentence fulminated against Pereyra, in order that his cause 
may be re-considered, with the presence of the subjoined document; 



[2] 



213 



and that, if the truth of its contents be proved, Pereyra may be set at 
liberty, and the violators of his Catholic Majesty's territory may be 
punished, and the damages and injuries originating from this crime 
be repaired. 

I repeat my respects to you, sir, assuring you of my high considera* 
tion. 

JOAQUIN DE ANDUAGA. 



(No. 24..) 

Don Joaquin de Anduaga to the Secretary of State. 

[translation. ] 

New, York, 14th December, 1822. 

Sir: The expedition formed in the ports of this Republic, and which 
sailed from thence in the month of August last, to conquer the Island 
of Porto Rico, and to separate it from Spain, has fixed the attention 
of all Europe. The effect which this extraordinary event has pro- 
duced on the citizens of the United States, proves, to a demonstration, 
the sentiments of virtue and probity which animates an immense ma- 
jority of them, and that the attempts which, unfortunately, so fre- 
quently stain the meritorious reputation of these inhabitants, are the 
work of a small number, and are felt, and detested by the mass of the 
nation. The publications made on this noisy subject, in all the news- 
papers of the Union, clearly display this truth; and, at the same time 
that I admire and respect the virtues and sensibilities of the American 
people, I can do no less than give them the tribute of my sincere gra- 
titude, for the indignation they have shewn at seeing their laws so scan- 
dalously trampled upon, and a nation, their friend, and from which 
they have received such great proofs of esteem and regard, so perfidi- 
ously dealt by. 

The nature of the aforesaid expedition, the manner in which it has 
been framed, the publicity which it had before its sailing, the crimi- 
nality or negligence which has appeared in the officers of the United 
States, are so odious, and so clearly is it the interest of the Govern- 
ment to shew to the whole world, for its own reputation, that, far from, 
approving such excesses, it hastens to repress them, and to punish 
them, as soon as they come to their knowledge, that I flatter myself 
that the bare mention which I have made to you, sir, of this event, in 
my former notes, was sufficient for the President to have taken those 
means dictated by his justice, that the delinquents should suffer the 
punishment which they deserved; that the conduct observed on this 
occasion, by the officers of the customs, should be examined, and to the 
end, that, by means of some communication, I should have been ena- 
bled to calm the uneasiness and concern which have been caused to 
his Catholic Majesty, by an event so opposite to the friendship which 
unites him with this Republic, and to the laws of "all nations. 



214 [2] 

I will not do the President the injustice, to doubt for a moment, that 
he has taken the measures which public vengeance and the honor of 
this Republic demand; but I must express how much I am hurt, that 
in so long a time you have not had the goodness to give me any 
explanation on so important a subject, and the means of fully acquaint- 
ing his Catholic Majesty with the object I have just mentioned. 

Such is the publicity of the aforesaid expedition, of its authors, of 
those who are parties to it, and of its event, that I think I may dis- 
pense with distracting your attention with the particulars, except that 
I ought to fix it upon the circumstance, of which I am assured, of Mr. 
Irvine, one of the chiefs of it having been claimed by the Captain 
of the United States' corvette the Cyane, from the Governor of Our- 
racoa, who had arrested him upon the petition of Spanish officers. If 
this circumstance should be certain, it would give rise to consequences 
which it is impossible to admit, and I am persuaded that the Presi- 
dent will reprove the conduct observed, in this case, by the command- 
er of the Cyane, contrary, no doubt, to the instructions and intentions 
of his Government 

Although I anticipate the communication the President will be 
pleased to order me relative to the said expedition, which can be no 
other than that which the honor of tins Republic and justice imperi- 
ously claim, I take the liberty of asking you, sir, to have the 
goodness to transmit it to me as soon as possible; my object in this 
request being to be able to dissipate, without more delay, the anxiety 
and uncertainty with which the silence of this Government, upon a 
case so public and scandalous, cannot fail to inspire his Catholic Ma- 
jesty and all the Spaniards. 

I repeat, sir, that I am at your disposal, assuring you of my very- 



high consideration. 



JOAQUIN DE ANDUAGA. 



(No. 25.) 
[translation.] 

Don Joaquin de Jinduaga to the Secretary of State. 

New York, 6th January, 1825. 

Sir: I have the honor to transmit to you a copy of a note, which, 
under date of the 3d September last, his Excellency Don Evaristo 
San Miguel sent to the Minister Plenipotentiary of the United States 
near his Catholic Majesty. By that you will be pleased to observe, 
that his Majesty has not thought himself bound to accede to the broad 
and free interpretation which the President has given to the articles 
two and seven of the treaty of 1819, concerning the artillery and 
munitions of war in the Floridas, at the time of the delivery of those 
provinces, inasmuch as that interpretation would be injurious to 
Spain; and that he demanded, according to the literal tenor of the 



m 



215 



second article, the delivery of said artillery and other effecst, his 
majesty relinquishing the claim which he thought he had upon this 
government to furnish provisions for the Spanish troops which were 
transported from the said provinces, and binding himself to reimburse 
the amount of the rations which were furnished, as soon as the proper 
account of them should be presented, and the orders for the delivery 
of the artillery, &c. should be furnished. 

His Majesty does not doubt that the President, convinced of the 
justice and solidity of the reasons which have produced this determi- 
nation, will not delay a moment in giving orders for the delivery of the 
artillery and other effects, and he has thought proper to command me 
to request it, as well as an account of the rations which were furnished 
to our troops by this government. He has, moreover, authorized me,~ 
in case this government should wish to purchase the whole, or any 
part, of the effects which ought to be delivered to us, to listen to its 
propositions of purchase, and to transmit them to his Majesty, observ- 
ing to you, sir, that, if it shall be preferred, that a valuation be made 
by experienced persons nominated by both parties, the one on our side 
will be pointed out when his Majesty is informed of the wishes of the 
President in this particular. 

It being urgent for my government to know, as soon as possible, the 
intentions of the President relative to this business, it has been pleas- 
ed to order me, to pray of you sir, to have the goodness to communi- 
cate them to me as soon as may be possible; and, persuaded that you 
will cheerfully comply with my wishes, I confine myself to renew to 
you the assurances of my high consideration. 

JOAQUIN DE ANDUAGA. 



( No. 25 — a. ) 

[translation] 

Copy of a note transmitted mi the 3d of September, 1822, by his Excel* 
lency the Secretary of Despatch of State, to the Minister Plenipoten- 
tiary of the United States at Madrid, 

Sir: The Minister at Washington duly informed his Majesty of 
the disputes between the Spanish and American Commissioners, char- 
ged with the delivery of the Floridas, relative to the interpretation, 
which was attempted to be given to the 2d article of the treaty, by pre- 
tending, that, in the word fortifications, the artillery and munitions of 
war ought to be considered as included. This point being discussed 
by the respective Commissioners, they came to a provisional agree- 
ment, by which it was stipulated, that the effects should remain in de- 
posit, until their Governments decided upon the business in question. 

The principal reason, which the Commissioners of your Govern- 
ment alleged for supposing that the artillery and munitions should be 
considered as included in the cession of the fortifications, consisted 
in this, that the transportation of those effects, not having been pr«- 



216 [2] 

mised in the 6th article, it must be understood to have been the inten- 
tion of the negotiator, that they should be comprehended in the words 
fortifications. His Majesty's Minister in the note which he sent to 
Mr. Adams, on the 27th July, 1821, shewed that the artillery and 
munitions could not be comprehended in the fortifications, which con- 
sist of works built to defend a point in the w r ay; that in the word Bar- 
racks the utensils which are in them, for the service of the troops, are 
not comprehended. These and other reasons being alleged by the 
Minister, to shew that the cession referred to the buildings, and in no 
wise to the moveable effects, which they might contain, he requested 
that, in fulfilment of the 2d article of the treaty, the artillery, 
munitions, and instruments of war, in both the provinces at the time of 
the delivery, should be given over to the Spanish Commissioners, that 
they might provide for their transportation, agreeably to the orders, 
which they had received. 

In the answer which Mr* Adams gave, on the 13th of August, 
1 821, to his Majesty's Minister, he informs him of the correspondence, 
which had taken place upon the subject, between the respective com- 
missioners, and shews that the conduct of those of his Government had 
been approved of, as being conformable to the instructions which had 
been communicated to them. Mr. Adams added, that it was cer- 
tain, that, in the 2d article of the treaty the cession of the artillery 
&c. was not comprehended, because it was not expressed in precise 
terms, but that it was no less certain, that, by the 7th article, the 
United States were not obliged to furnish provisions for the trans- 
portation of the Spanish troops, inasmuch, as it was not expressly 
mentioned; that this being the strict and literal sense of each of the ar- 
ticles, the President had given a broad and free interpretation to their 
tenor, by ordering that the necessary provisions should be furnish- 
ed for the transportation of the Spanish troops, although they were 
not expressly mentioned in the 7th article, and considering the artil- 
lery, and munitions of war, in the fortifications, as ceded, although 
not expressly mentioned in the 2d article, and lastly, that the Presi- 
dent was persuaded that the Spanish Government would not insist, 
that the 2d article should be interpreted rigorously, and the 7th lit- 
erally, but that it would agree to give a liberal sense to both, know- 
ing that that interpretation emanated from the same principle, and that 
if in one case it was favorable to the United States, in the other it 
was so to Spain. 

The King's minister made it appear, in his answer to Mr. Adams, 
on the 23d of August, that there was not, between the 2d and 7th ar- 
ticles, the analogy which was supposed, because, setting aside that 
the Spanish negotiator was no doubt well apprized, that, in the trans- 
portation of the Spanish troops, it w r as understood the provisions 
should be furnished at the expense of the United States, as the trans- 
ports were, there was not* and could not be, the pretended equality in 
the interpretation of both articles, because Spain would have ceded 
for a small number of rations the value of an artillery and munitions 
of great consideration, and the said Minister concluded his note by 



£2j 



?*T 



Shewing; that he would inform his Government of the correspondence, 
which had passed upon the subject, that it might settle this point, by* 
a common agreement, with that of the United States. 

In the reply of Mr. Adams of the 25th of September, he brings for- 
ward the same arguments as in his former, insists upon the mutual 
convenience of the liberal interpretation of the articles, and leaves 
this point to the decision of both governments. 

These are the proceedings which have taken place in this business 
and the state in which it is left. His majesty considers it as super- 
fluous, after the discussion which has been had upon this point, to 
give new reasons in support of those given by his minister at Wash- 
ington, to shew that the artillery, munitions, and instruments, are 
not comprehended in the cession of the fortifications. Both yourself, 
sir, and your government, have in your possession a copy of the ce~ 
dula, order, which his majesty addressed to the captain^general of jthe 
island of Cuba, under date of. the 24th of October, 1820, and in that 
he tells him, "that the papers and effects which might belong to the 
nation, and might not be comprehended and mentioned, in the express- 
ed clauses of the cession, he should cause to be carried and transport- 
ed to another- point of the Spanish possessions* 

Your government cautiously examined the contents of the order, 
and never avowed pretensions to the artillery, although the phrase, 
the other papers and the effects , which- may belong" to the nation, could 
not and ought not to be understood as having reference except to the 
papers not comprehended in the cession, and to the artillery and mu- 
nitions of war; the moveable effects are not comprehended in the ces- 
sion of the immoveable unless express mention of it is made, and the 
2d article of the treaty speaks of fortifications and public buildings, 
and does not name the artillery, nor the effects which they might con- 
tain. Your government, sir, knows the irresistible force of these 
reasons, and hence it is, that it has had no recurrence to an allegation 
of right but to interpretations, which it supposes reciprocally advan- 
tageous. It is evident, that the pretended utility which the Presi- 
dent supposes would result to both nations, from the liberal interpre- 
tation of the 2d and 7th articles of the treaty, being admitted on the 
part of the Spanish government, would cause injury, of great consider- 
ation to Spain, because, in virtue of it, the United States would re- 
ceive all the artillery, munitions, and instruments of war, in both 
Floridas, the value of which is nearly about a hundred thousand dol- 
lars; and Spain, for a pretended equivalent, the provisions which 
were furnished to the transported troops, which, to judge by those* 
given in West Florida, would not exceed the sum of 2,500 dollars. 

It being demonstrated, that the supposed reciprocity in the inter- 
pretation of the articles does not exist, his majesty omits giving rea- 
sons sufficiently well founded without having recourse to interpre- 
tations to make it appear that the provisions for the Spanish troops, 
aught to have been at the expense of your government; since the 7th 
article being extended by the Spanish negotiator, appears to raise a 
d&ubt, lest he wished to* include the rations in the words transports? 
S6 



21S [2 ] 

and that be made no partknlar expression of them from supposing 
that no douht could arise upon the matter: because in the transports for 
an expedition, speaking in a military manner, the provisions are in- 
eluded. 

The king does not wish to make a merit of these and other reasons*,, 
to shew that the provisions ought to he at the expense of your govern-. 
inent, and adhering scrupulously to the literal text of the articles, 
he yields the right which he believes he has by the 7th article, to the 
furnishing by the United States of the provisions for the transporta- 
tion of the Spanish troops, and demands that- delivery be made, agree- 
ably to the 2d article, of the artillery, munitions, and instruments of 
war, &c. which were in the magazines and fortih* cations of both Flori- 
das, at the time when those provinces were delivered up to your go- 
vernment. In virtue of this mode of conciliating the interests of both 
powers in conformity with the literal tenor of the treaty, -his majes- 
ty's government is ready to make good to yours the sum which has 
been paid for furnishing the Spanish troops with provsions in their 
passage to the island of Cuba, as soon as the corresponding account 
of its amount is presented, and the proper orders have been despatch- 
ed for placing the artillery a&& sther effects at the disposal of the Span- 
ish government. 

His Majesty being of opinion that many of the articles which 
ought to be delivered over to Spain, may be an accommodation to 
your Government, orders me to acquaint you, for the information of 
your Government, that it would not be inconvenient to sell the effects 
which might be of use to the United States, hearing their propositions, 
and making, in case of necessity, a valuation of them, by skilfuf 
men, appointed by both Governments. 

The King promises himself, that, by this means, agreeably to the 
literal tenor of the Treaty, this business will be definitively conclu- 
ded, which could have been terminated, at first, in the United States, 
between your Government and His Majesty's Minister, without hav- 
ing given occasion to the disagreements, raised by this subject, between 
the Commissioners of both Governments; disagreements which your 
Government foresaw would occur, as the result of the instructions 
communicated by Mr. Adams to General Jackson, under date of the 
23d of March, 1821. It has been a matter of great grief to the King, 
that the American Government, which extended its foreknowledge, 
to understand that, from the artillery not being delivered to the Spa=> 
nish Commissioner, disgusts would originate,, should not have, in obe- 
dience to justice, and to the desire which has been manifested, t& 
avoid every cause of complaint between the two powers, hindered this- 
compromise between the two Commissioners of both Governments, 
who, with contradictory orders, could not agree among themselves* 
To this, and other acts, which might have been avoided, His Majes- 
ty attributes the disagreements which kave taken place between the 
Commissioners of both Powers; and that an operation so simple as. 
the delivery of the Florid as, has been accompanied with violent steps, 
and insults offered to the Spanish Governors; and it, is as certain, thai 



to 



.819 



when the minds are Exasperated in the commencement of a business, 
although it be for a cause of little import, it is not eas^ to bring it to 
& conclusion, with the calmness, good faith, and cordiality, which are 
necessary for its amicable and happy conclusion. 

I hope, Sir, that you will communicate this note to your Govern- 
ment, and I do the same, on my part, to His Majesty's Minister, at 
"Washington, that an agreement may take place with the Federal Go- 
vernment upon the points of which it treats. 

1 renew to you, Sir, the assurances of my most distinguished con- 
^deration, and pray God that you may live many years. 

JOAQUIN ©E ANDUAGA* 



{ No. 26. ) 
ihn Joaquin ie Anduaga to the Secrttary of Stale* 

[TRANSLATION,] 

New York, February 25, 1823, 

Sir: In the month of January last, the United States 9 brig of was? 
Spark being in the port of Havanna, Captain Howell, of the Ameri- 
can ship Nancy Eienora, presented himself to her commander, and 
Informed him that a schooner, which had robbed him two months be- 
fore, was then ifi ttie very port of Havana-. The vessel accused was 
the Spanish merchantman named the Catalan Nymph. It appears 
that the commander of the Spark was with Captain HoWeJl and two 
of his sailors, at the house of the Commercial Agent of the United 
States, Mr. Warner, and caused some declarations to be extended, 
which said that the robbery had been committed in October last, near 
Honduras. Afterwards, without making the least representations to 
the authorities of the Havana, the Spark set sail, convoying the 
Nancy, at the same time that the Catalan Nymph sailed for Cam- 
peachy, and scarcely was she out of port when she was captured 
by the Spark, and sent to Baltimore for adjudication for the pre- 
tended crime, into which port not having been able to enter for the ice. 
she has b^en carried to Norfolk. This is what Captain Howell and 
individuals of the Spark have published. 

According to the olKcial information which I have received from 
Norfolk, it turns out that the schooner Catalan Nymph, Captain Don 
Pablo Daunes, is a merchant vessel, sailing between the Havana and 
Campeachy, and carries one cannon and some muskets, to defend her- 
self against the pirates which infest the coast, her crew consisting of 
ten men; that, on the present occasion, she had sailed from the Havana, 
with a cargo of brandy, wine, liquors, coffee, fruits, cloths, and other 
articles, belonging to various individuals, and twelve passengers^ 
that, upon her sailing from the Havana, about three miles from the 
Moro, the Spark began to give chase to the Nymph; that the Captain* 
wondering at this, tried to return to the Havana, but the Spark ca$ 



220 [ 2 ] 

off her retreat, and her commander made him come on board of hifE 
with his papers; that he afterwards ordered an officer with Captain 
Howell, to go to the schooner, who did not recognize any individual, 
until at last Howell said that he recognized the boatswain as one of 
the pirates, of whom he made a declaration; that Captain Daunes 
represented to the commander of the Spark, that he should examine 
his papers and he would see that his vessel was a, merchantman, or 
that he should carry her to the Havana, where he could deliver the 
boatswain to the authorities; that the said commander refused every 
thing; that, upon the arrival of the Nymph at Norfolk, the Captain 
and the ten sailors of the Nymph were publicly carried to prison, 
escorted by a troop of marines, the latter handcuffed; that the Spanish 
Consul, having had recourse to the competent authority, obtained, by 
the law of habeas corpus, that the Captain and crew should be set at 
liberty, except the boatswain, Nicholas Gargoy; and that two of the 
sailors, in consequence of such atrocities, were dangerously ill. 

I have the honor to enclose to you copies of the declaration of 
Captain Howell, and of the representation which Captain Daunes 
has made to me; it appearing by this and other documents, that, on 
the 16th of October, when the robbery was said to have been com- 
mitted, the Catalan Nymph was at Sisal, loading for Havana. 

From this relation it results — 

1st, That the United States' brig of war Spark, being in the port 
of Havana, her commander received from the captain of another mer- 
chant vessel, of the same nation, a declaration that he had been plun- 
dered at sea by a schooner which, at that time, was in the very port of 
Havana. 

2dSy. That the said commander took, before the Commercial 
Agent of the United States, in tire said city, a declaration of the afore- 
said Captain Howell, upon his complaint. 

Sdly. That, without further examination, he resolved to capture the 
Nymph as soon as she should sail from the port. 

4thly. That he did not make tire least attempt with the competent 
authorities, to investigate the foundation of the accusation, nor to 
punish the guilty, if it should be certain. 

5thiy. That he carried his intention into effect by actually captur- 
ing the Nymph in sight of the port. 

6thly. That he refused to examine the papers of Captain Daunes, 
and the just representations which he made to him. 

7thJy. That, by sending the Catalan Nymph to Norfolk, the pro- 
prietors and freighters of the vessel have suffered immense losses, and 
Spanish citizens have been treated in a manner the most unworthy, 
and two of them have been rendered so ill as to endanger their lives. 
And, in a word, that the commander of the Spark, in union with Mr. 
Warner, have erected, in the port of Havana, a tribunal to try 
Spaniards in the said city, to condemn them without a hearing, and 
to carry their sentence into execution in a manner so vile and treach- 
erous, that only a few examples of similar conduct can be met with 
among the pirates, whom the commander of the Spark has orders to 
.pursue, and not to imitate. 



[2 J 221 

1 -think it needless to observe that the commander aforesaid hag 
covered with ignominy, upon this occasion, the uniform which he- 
wears, and that the outrage which he has committed upon Spain is 
such as no doubt the Government of the United States will not delay 
a moment in punishing as a crime, no less injurious to Spain than 
degrading to this Republic; in this manner proving to Europe that 
it wishes to preserve with his Catholic Majesty the ties which unite 
both nations. This provision is so much the more urgent inasmuch 
as, if it should he tardy in the execution, it is impossible to calculate 
the effect which this delay will have in the Spanish dominions, into 
the ports of which the ships of war of the United States cannot be 
admitted with safety, after so scandalous an example. Thus,- then, 
in compliance with the orders which I have from his Majesty to pro- 
mote, with all my power, the means which may draw more close the 
friendship which he wishes to maintain with this Republic, and to re- 
move what may be capable of relaxing it, I pray you, sir, be pleased 
to lay what I have explained before the President, and obtain from 
his justice the due punishment of the commander of the Spark, the 
restitution of the schooner Catalan Nymph, the liberty of the boat- 
swain, and security for the immense losses and damages which the 
owners and shippers of the said vessel have sustained. 

The importance of this business, and my anxiety to avoid the de- 
plorable consequences which may ensue in the Island of Cuba, to the 
trade between the Spaniards and Americans, oblige me to request that 
you will be pleased to answer this note as soon as possible* 

I repeat to you, sir, the assurances of my* most distinguished con- 
sideration. 

JOAQUIN DE ANDUAGA. 



( No. 26 — a. ) 

Don Pablo JDcvunes to Bon Joaquin de Jlnduaga. 

{translation.] 

Norfolk, February 12, 182S. 

Tour Excellency: 

Don Pablo Daunes, captain of the Spanish schooner named the 
Catalan Nymph, the property of Don Bartolome Ygiesias, Don Jose 
"Calvet, Don Domingo Zubira, and Don Gregorio Garcia, passengers 
in said schooner and owners of some part of her cargo, all Spaniards, 
in their name, and in that of the others interested, with the greatest 
respect, explains to your Excellency, that the said schooner having 
sailed from Havana on the 26th of January last, cleared by that cus- 
tom house and the respective authorities, bound to Campeachy, were 
detained on their voyage by the brig of war of the United States 
named the Spark, her commander Wilkinson, under pretext of a 



222 [ 2 ] 

declaration which it appears an American captain made to him ifi 
the Havana, that the said schooner had plundered him. Having made 
Captain Daunes come on hoard of him, he caused the said American 
captain, with two sailors, to appear; whom he ordered, with his boat 
armed, on hoard the Nymph; they caused all the crew to appear, and 
the American captain referred to, after having hesitated some time, 
at last said he recognized her to be the same schooner which had plun- 
dered him: and pointed to one of the individuals (who is the boat- 
swain, Nicholas Gargoy,) saying, that he likewise recognized hims 
which, being heard by his two sailors, although doubtful, they agreed 
in the same. At the same moment the Commander, Wilkinson, cap- 
tured her as a pirate, put the crew in irons, and a prize captain and 
crew to conduct her to the United States. Captain Daunes presented 
to him the papers, that he might see they were in due form, and repre- 
sented to him that carrying a cargo of value belonging to various 
individuals, he should carry her to the Havana, and that there he 
would be assured that he was not a pirate, and that neither the 
schooner nor that individual had plundered any vessel, and, on th« 
contrary, she was a vessel of such credit, that all the merchants pre- 
ferred her for a cargo, and she always made voyages from Havana to 
Campeachy and Sisal, with valuable cargoes. The Commander, Wil- 
kinson, would attend to nothing, nor look at the papers, wherefore 
Captain Daunes told him that he protested against the losses and 
damages which might result to the interested from an act so violent. 
Conducted to this port by a prize officer and crew, she arrived on 
the 8th current, and on the 9th, in the morning, they publicly con- 
ducted to the prison, escorted by troops, Captain Daunes and the crew 
(the latter in irons) and told the three passengers they might go 
where they pleased. These proceedings would have been just, if they 
really were pirates, but being all persons of good credit in the Ha- 
vana, for their conduct, to whom interests of consideration were en- 
trusted, Captain Wilkinson should have examined the papers, and, 
in case of suspicion, have them carried to the Havana, reflecting, that 
a vessel with a cargo of so great value, which he himself saw sail, 
and which had not a crew sufficient for committing piracies, was a 
scandalous arbitrary act, contrary to the good understanding which 
subsists between the United States and Spain. The losses and damages 
which the owners of the schooner and cargo sustain, are incalculable; 
the expenses of the exponents in this country considerable, in virtue 
of her being a Spanish merchant vessel, with her papers in due form* 
not pirates, as Captain Wilkinson supposes, and the robbery which 
he attributes to her, being also a supposition, as upon the 16th of Octo- 
ber last, which appears evident in the declaration, the robbery was 
committed near the Honduras, it can be easily proved, and even here, 
by letters which arc in the possession of Captain Daunes, that at that 
time the schooner was in Sisal, loading for the Havana, and that she 
had never gone so far as those points. The invariable rules of justice 
and of the good understanding used by nations, and chiefly between 
the United States and Spain, imperiously demand that the Govern- 



m 



223 



men! of the United States immediately order the restoration of the 
schooner and cargo to their owners, with security for all the losses, 
damages, and deteriorations, which may he the result of the said 
capture, inasmuch as it has heen committed by one of their vessels 
and officers, without its being deserted, and contrary to every rule 
of justice, as, also, indemnification to the individuals of the crew of 
the stigma of pirates, and ill treatment which they have suffered, to 
which their refined conduct never caused them to be subjected: There- 
fore, the exponents intreat your Excellency, with the utmost submis- 
sion, as their only protector, to be pleased to claim of the Govern- 
ment of the United States the restoration of the vessel and cargo, 
security for losses and damages, and indemnification which they so^ 
licit, which they hope from your accredited zeal, and whose life, &c„ 

PABLO DAUNES, 
DOMINGO ZUBIRA, 
GREGORIO GARCIA 5 
JOSE CALBETE. 

To His Excellency Don JoAQ.uisr be AfrntrAGA, 

Minister Plenipotentiary of His Catholic Majesty near the United States. 



(No. £7.) 

Don Joaquin Be Jlnduaga to the Secretary of State* 

[translation.] 

Net/ York, 6th March, 1823. 

Sir: Under (Tate of the 14th of December of last year, I had the 
ttonor to address you a note requesting explanations on the expedition 
from these ports, for the conquest of the island of Porto Rico, and 
the disapprobation of the conduct of the captain of the United States* 
Corvette Cyane, in the claim which he was said to have made to the 
Governor of Curracoa in favor of Mr. Irvine, one of the chiefs of that 
expedition. Lately, I have received official letters from my Govern- 
ment, iu which is energetically expressed the surprize of his Catho- 
lic Majesty at seeing* the possessions of Spain attacked in a manner 
so public and scandalous, by the citizens of a power to which so great 
and so costly proofs have been given of its friendship; and, although 
it has appeared to him extraordinary that the President should have 
been ignorant of preparations made with so little secrecy, and that a 
collection of men, and of ships, laden with munitions of war, in the 
ports nearest to the capital, should have been able to be concealed 
from him; nevertheless, judging by hisown sentiments, of those which 
he believed animated the President, he did not doubt that it was so, 
and that this Government, the instant it should have notice of suck 



224 [ 2 ] 

an event, would hasten to take the most vigorous measures for the 
punishment of the delinquents, and for preventing such excesses in 
future; and, above all, that to prove to his majesty, and to all Eu- 
rope, the indignation produced to it by this attempt, it would have 
been gratified in giving to the Cabinet of Spain the saitisfaction and 
explanations which so odious a breach of the laws of nations, and of 
the friendship which unites this republic with Spain* so imperiously 
demanded. This persuasion was so natural, that it is very easy to 
calculate what effect it would have on the mind of his majesty, and on 
that of all the Spaniards, to know that this Government not only has 
thought proper not to give a spontaneous explanation on an event inju- 
rious to Spain, and which, in so shameful a manner, stains the good 
faith and reputation of this republic; but that an answer has been- 
withheld, for so many months, to the notes which I have had the ho- 
nor to address to it on this subject. The consequence which should 
be drawn from this, cannot escape your penetration. It is very clear 
that, if, from the ports of Spain, an expedition should depart for the 
attack and conquest of a province of the United States, and that his v 
Catholic Majesty should not only not give, at the time, explanation* 
of his ignorance and disapprobation of it, but that he should neglect 
the representations of the American minister at Madrid* the Presi- 
dent would have a right to believe that that hostile measure had been, 
carried into execution, if not with the consent of the Spanish Govern- 
ment, at least with its connivance. But if the conviction which I 
have of the equity of the President, and of his desires to maintain^ 
with Spain, the amity which happily subsists, prevents me from> 
drawing, in the case whereof I treat, that consequence, evident as it 
may appear, I cannot help seeing, in your silence, a singular indiffer- 
ence to the feelings of his Catholic Majesty, in respect to the attacks 
which his possessions and subjects receive on the part of the Ameri- 
cans. I know r how painful this will be to my Government, and how 
grievous not to see its friendship towards this republic answered in a 
correspondent manner, nor the proofs which it has given of it; and 
anxious to tranquilize it, I take the liberty of requesting you ta 
he pleased to answer my note of the 14th of December last, not 
doubting but that it will be such as will calm the inquietude and un- 
easiness which must be caused in the mind of his Catholic Majesty* 
by the expedition referred to, and by having left my notes unanswered., 
I renew to you, sir, therefore, the assurance of my high considera- 
tion. 

JOAQUIN DE ANDUAGAv 



[2] 



225 



(No. 28. ) 
Bon Joaquin de Jlnduaga to the Secretavtj of State* 

[translation.] 

New York, 7th March, 1823. 

Sir: I have the honor to send you enclosed, copies of the protest 
made in Pensacola by Don Jacinta Correa, captain of the Spanish 
schooner called the Carman, alias Galliga the Third, and of a judicial 
declaration made by the same, before the consul of Spain in New 
Orleans. 

In both documents are set forth the capture of the said schooner 
by the United States ship of war Peacock, and the oppression and 
robbery committed by her crew, all which has been confirmed to me, 
by the Captain General of the Havana, and by the Consul of Spain in 
New Orleans. As the circumstances of these crimes are expressed 
in the enclosed documents, I avoid repeating them in this note, and 
shall rest content with calling your attention to three of the principal, 
which are, the Peacock having made the capture with the Spanishjlag, 
the violation of the public correspondence between two provinces of 
His Catholic Majesty and the malicious contrivance of Capt Cassin, 
in sending the crew of the Carman to Pensacola and the vessel to New 
Orleans, that there might be no one to defend her there. Such violations 
of all public law, and such refined perfidy, are so evident and odious, 
that I think it unnecessary to insist upon them, since it would be doing 
an injury to the sense and justice of this government. Notwithstand- 
ing the insidious precaution of Captain Cassin, scarcely had the courts 
of Pensacola and New Orleans examined the case, when the former 
declared the crew innocent, and set them at liberty, and the other or- 
dered the restitution of the vessel, which saves me the trouble of prov- 
ing the illegality of the capture, and it only remains with me to re- 
quest that the President would be pleased to order satisfaction to the 
owners of the schooner Carman for the losses and damages, which 
they have sustained, and that the money and effects of which they 
have been plundered, be restored to the crew. This is what it con- 
cerns me to ask in favor of said individuals; but the just satisfaction 
of my government, the assurance in future of due respect to the Span- 
ish Hag, and the lives and property of Spanish citizens, impose upon 
me the obligation of speaking to you with that frankness which ought 
to subsist between two friendly powers, and whose interest it is to 
maintain the greatest harmony. 

The injuries done by this country to his Catholic Majesty and to 
his subjects, are not confined- to expeditions of individuals for the con- 
quest of his provinces, to hostilities under the insurgent flag, to build- 
ing armed ships for the enemies of Spain, to furnish these men with 
munitions of war, &c; but they have gone to attack publicly the ves- 
sels of Spa in by ships of war of the United States, and to trample up- 



226 [ 2 ] 

xm Spanish citizens by American officers; the excess being carried to 
such a pitch, that his Catholic Majesty's territory is violated, and if a 
speedy check be not put to it, the Spanish commerce must be in dread 
of the ships of war of a nation, which is said to be friendly, as it 
would of another, with which it was in a complete state of rupture. 

The violations of neutrality and of friendship between two nations, 
committed by individuals, always give room to the offended power, 
to believe that they have taken place, without the knowledge and 
against the will of the government of the aggressors, and that it will 
grant a competent satisfaction; but, when this is not only refused, and 
not even private citizens, but the ships and officers of that government 
give the insult and commit hostilities with its approbation, since it 
neither punishes them nor prevents them from continuing their ag- 
gressions, the illusion must cease, and, alarmed for the intentions of 
said government, the imperious obligation which it is under, of pro- 
tecting its subjects, lays it under the necessity of demanding a frank 
explanation of them and indispensable provisions for the putting a 
stop to the scandal of acts which continue, could only be followed by 
consequences which his Catholic Majesty has a lively desire of avoid- 
ing, it being his most sincere wish to preserve inviolate the friend- 
ship which he professes towards this republic. 

Vain have been my repeated remonstrances, to obtain satisfaction 
for the insults offered to my Government and fellow-citizens by the 
American officers. And if, in the Courts of the United States, the 
Spaniards have found justice, the Government has not only refused my 
petitions, but has not even given an answer to the greater part of my 
notes. The very sentences of the Courts prove the justice of my com- 
plaints against the said officers; and when it is seen, that this Govern- 
ment, in spite of these complaints and the opinion of the most eminent 
and just judges of this Republic, refuses to His Catholic Majesty the 
satisfaction which is his due, does not answer the representations of 
his Minister, and continues its protection and favor to the officers ac- 
cused, the suspicion is allowed that its friendly sentiments towards 
Spain have undergone an alteration. This doubt will be extremely 
painful to His Catholic Majesty, wherefore I spend more time in re- 
questing you to be pleased to clear it up, and this can be done in no 
other way than by giving to His Majesty the satisfaction which he has 
demanded for so great injuries, with the punishment of the officers who 
have committed them, and especially of Captain Cassin, and giving 
the most peremptory orders that they be not repeated. 

The multiplied proofs of friendship, which His Majesty has given 
to this Republic, the sacrifices which he has matte in its favor, and the 
utility which results to both nations, in the continuance of a good un- 
derstanding between both, are to me a sure guarantee, that the Presi- 
dent, deigning to take into consideration the important contents of this 
note, will be pleased to order such an answer to it as will at once dis- 
sipate the disagreeable impressions which the acts of the American 
officers have made, and assure His Catholic Majesty that his desires 
for the continuance of the strictest friendship with this Republic will 
be fulfilled. 



[2] 



2*27 



I repeat my devotion to you, sir, and pray you to accept tlie assur- 
ance of my high consideration. 

JOAQUIN DE ANDUAGA, 



( No, 29. ) 

Dn. Hilariode Uveas y Salmon to the Secretary of State, 1 5th April 9 

1823. 

[translation] 

Sir: Dn. "Richard Meade, a citizen of the United States, addressed 
two letters, to my predecessor, his Excellency Dn. Joaquin de Andua- 
ga, dated the 4th of April, and 10th of October, 1822, enclosing your 
correspondence with the Commissioners appointed, in virtue of the 
11th article of the treaty, of the 22d of February, 1819, ratified by 
his Catholic Majesty, and exchanged in February, 1821, relative to 
the admission of certain claims, which are therein mentioned. The 
said Gentleman sent these documents to my Government, along with 
the answer, which he made to Mr. Meade, on the 16th of October, 
1822, copy of which I have the honor to enclose to you. 

His Majesty has been pleased to approve and sanction the said 
answer to Mr. Meade, and commands me to support his claims, and 
to represent to you, in the most friendly terms, but, at the same time, 
in the most energetic and solemn manner, against all opposition which 
may he attempted to be made, that the particular credit which said 
Meade had against the Spanish Nation, is not satisfied, but that, in 
virtue of the last treaty, the Government of the United States has 
taken it upon itself. 

This credit is, in truth, the only one which has been solemnly ac- 
knowledged by his Catholic Majesty. It was executed at the press- 
ing instances of the Minister of the United States, at Madrid, and 
its acknowledgement and final liquidation took place at a time and in 
circumstances which do not admit the least doubt to ensue as to its le- 
gitimacy and import. 

The value of the credit was represented to both Governments, dur- 
ing the negotiation. Its liquidation could be effected only by the 
parties interested in the contracts, and in the damages and injuries by 
which an indemnification was claimed, and the investigation, with 
precision of the exact sum which was due, appeared to be a point of 
equal interest to both Governments. This was at least shewn and 
insisted on, with vigour, by the Government of the United States, be- 
fore and after the date of the treaty, and his Catholic Majesty, when 
he acceded to its anxiety, desirous of shunning new causes of com- 
plaint, chose four of his counsellors from different tribunals, and com- 
manded them to examine, scrupulously and in detail, all the circum- 
stances regarding an account so complicated, and which required all 
the possible knowledge and intelligence of the laws of Spain and com- 
mercial regulations of the nation, to be able to form a just conception 



228 l 2 ] 

of all the transaction. No subject of this nature has been ever con- 
sidered so cautiously and with so much matureness, not only by the 
Commissioners appointed for that purpose, but latterly, by the Trea- 
surer General, by the greater accountant's office, by the Minister of 
Finance, and lastly, it received the sanction of his Majesty. 

In these circumstances, his Majesty thinks that he ought not to see 
with indifference, nor remain undisturbed, when an attempt is made to 
invalidate an act so solemn. The Spanish Nation was certainly re- 
sponsible for the total amount of the acknowledged debt. The Go- 
vernment of the United States, by the latter ratification Of the trea- 
ty, took upon itself this debt, in virtue of the 5th renunication of the 
11th (9th) article and with a full knowledge of its amount, which had 
been communicated long before the conclusion of the treaty, to the 
Minister of the United States, at Madrid, by his Majesty's Secretary 
of State, for the information of the American Government. Certain- 
ly, after all that had passed, it was not to be expected that a new in- 
vestigation of the business should be judged necessary. 

There cannot be a doubt, that if the treaty of the 22d of February, 
had not been concluded, Mr. Meade would have received from the 
Spanish nation the total amount of his debt, and his Majesty can- 
not comprehend the justice of the Commissioners in having attempt- 
ed, in the first place, to reject entirely this debt, as not being compre- 
hended in the treaty, and much less could his Majesty be persuaded 
that so solemn an act of his Government, an act which was in a 
great degree founded upon the interposition of the American Cabi- 
net, and which was done in good faith, would have been afterwards 
placed in doubt by their agents. 

The slight, which the commission of claims has endeavored to throw 
upon the most respectable authorities of Spain, and upon his Majes- 
ty himself, and consequently on the whole nation, has caused his Ma- 
jesty great pain. 

I have therefore the order of my Government to inform you, that 
it cannot keep silence when an act so incontestible is placed in doubt, 
and I beforehand protest solemnly and respectfully against any deci- 
sion of the Commisssioners appointed in virtue of the treaty, which 
invalidates in any manner the acknowledgment made by my Govern- 
ment of the total debt of Mr. Meade, agreeably to the certificate 
which they sent to him in consequence, and which is in their posses- 
sion. 

I have the honor to repeat to you, sir, the testimony of my distin- 
guished and high consideration. 

HILARIO DE RIVAS Y SALMON. 



[2] 



229 



( No. 30. ) 

Mr, Salmon to the Secretarij of State, 

[translation.] 

28 M April, 1823. 

Sir: I recommend, very forcibly, to your attention, the letter of 
Dr. Pablo Chacon, a copy of which I have the honor to enclose, res- 
pecting the business of the Spanish schooner the JSTinfa Catalana, My 
predecessor sent you two notes, dated the 23d, and 28th of Feb. last, 
concerning the unjust detention of this vessel, and the scandalous in- 
sulting of her crew, without any motive or cause whatever. His Ex- 
cellency accompanied this sad truth with sufficient proofs; but, for 
the greater abundance, I now enclose other testimony, which I have 
just received from the Havana, of the process raised there by the 
consignee of the said vessel. You will find that it is in accordance 
with the other proofs, and forms, with them, one whole. But, what 
more evident proof can be required of the innocence of the whole 
crew, and of the atrocious injustice of the captors, than that the whole 
individuals of it being set free, in virtue of the habeas corpus in their 
favor? 

Permit me, sir, to repeat, with efficacy, the representations of His 
Excellency on this business; and I pray you to obtain, from your Go- 
vernment^ decision promptand satisfactory to His Majesty, and the 
subjects of Spain, so grievously injured in their reputation and inter- 
ests 

I renew, to you, sir, the assurance of my respect and high con- 
sideration. 

HILARIO DE RIVAS Y SALMON. 



Bon Sebn. Kindelan to Mr. Jlnduaga, 

[translation.] 

4th March, 1823. 

In consequence of what I mentioned to your Excellency, in my 
official letter of 17th of February last, relative to the decree, by the 
Junta of Government of this national consulship, on the event which 
took place to the Spanish schooner named Ninfa Catalana, on her 
sailing from this port with the American brig of war Spark, I now 
send to your Excellency a copy of the memorial which Don Pedro 
Lopez, a merchant here, has presented to me, as consignee of the 
vessel; enclosing, at the same time, testimony of the process which 
has been raised upon the business, in order that your Excellency may 
be pleased to make the representations which you may think best, as 
well in regard of the vessel, as of the rest which is mentioned—-! re- 
commend, very particularly, to your Excellency, this business, in 



230 [ 2 ] 

which the national honor, and the interests of this trade, are con- 
cerned. 
God preserve your Excellency many years. 

SEBN. KINDELAN. 



Memorial of Bon Pedro Lopez. 

[translation.] 

Hay ax a, 4th March, 1823. 

Senor Superior Political Chief: Don Pedro Lopez, merchant of this 
city, and consignee of the Spanish schooner called the Ninfa, with due 
respect represents, That all the documents relative to the unfortunate 
business of the said schooner Ninfa being collected as they are, he ac- 
companies them with legalized testimony, in order that you may be 
pleased to make suitable use of it; and for this purpose in treats you will 
be pleased to have the goodness to order the aforesaid documents to be 
laid before the Minister Plenipotentiary of our Spanish nation resi- 
dent in the United States of America, with all the recommendations 
and energy which a case so extraordinary requires, in order that the 
offended honor of the Spanish flag may be repaired, the individuals 
harassed and maltreated, and the interests detained with the damages; 
costs, expenses, and losses which have been incurred, may be recover- 
ed, because it belongs to strict justice, and will be tbe favor which 
he hopes to merit from you 8 

TEDRO LOPEZ. 

A true copy. 

Antonio M. de La Torre y Cardenas. 



( No. 30— a. ) 

Testimony in the case of the Ninfa Cataldna* 

[translation.] 

Havana, January 51, 1823. 

PETITION. 

Sor. Superior Political Chief: Don Pedro Lopez, merchant of this 
city, and consignee of the Spanish schooner Ninfa Catalana, Captain 
Don. Pablo Daunes, with the usual respect says, That being charged 
with the despatch of said vessel for the port of Campeachy, she sailed 
for that destination on the twenty-sixth of the present month, under 
the formal and cicumspect order which our laws prescribe; and when 



m 



231 



I thought that she was pursuing the course of her voyage, yesterday 
a letter from her Captain was delivered to me, informing me of his 
having been detained, or rather captured and maltreated, by the Unit- 
ed States 9 brig of war called the Spark; I being obliged, in such a 
case, to make the protest, which I duly present in testimony. By said 
document you will see at first, that the only pretext for such a pro- 
ceeding is that a merchant Captain, also an American, complained to 
the Commander of the Spark that the boatswain and the schooner 
Ninfa herself coming from Cadiz, had robbed him; and when delicacy, 
the law of nations, that of reciprocal alliance and friendship, the laws 
of the territory, and the consideration just and due to its authorities 
legally constituted, might have dictated that he should have had re- 
course to the judicial power of this capital, in order that the accuser 
and accused might be heard in form, and the matter be determined as 
civilized nations are accustomed to do, the commander of the Spark 
feigned not to understand at all; he remained until the sailing of the 
schooner Ninfa to perpetrate the offence which produces the protest 
which I am about to make. From such a proceeding you will infer 
that the navigation, the commerce, and the property of the Spaniards, 
are subject to the caprice of a malicious man, who, without any ap- 
pearance of justice, may wish to destroy at once the most sacred lights 
of men in society; that the laws and authorities of the Spaniards are 
of so little value and importance, that t\m simple will of one man ren- 
ders them not only insignificant, but also insecure and so despised that 
with an unheard-of freedom, the said brig Spark has returned to enter 
this port, yesterday, bringing several passengers of the Ninfa with 
her; in virtue of this, and with a reservation of the rights of others 
who act with me, I entreat you, that, receiving as presented the protest 
wmich I nc produce, you will be pleased to take into your superior 
consideration an act so scandalous, that the true spirit of general law 
and of the common laws may be put in force; what is necessary may 
be done, that this occurrence may not remain unpunished to prevent 
its progress; that the entire losses and damages may be made good; 
that the guilty be punished; that it may not be concealed from the re- 
spective Governments; and that we may be Spaniards in reality and 
not in theory. All which in justice I implore from you. 

PEDRO LOPEZ. 

Decree on the Margin* 

Havana, January 31, 1823* 

Pass it to the acting Auditor of War, 

KINDELAN, 



232 C 2 1 

Dictamen on the Margin* 

Havana, February 1, 182S. 

Sor. Captain General: I think in the first place that the information 
should be received, on the facts of which this process treats, the peti- 
tioner producing the witnesses of the case, and with his merit he will 
supply what mav be more conformable, saving always, &c. 

FRAN. DEL CRISTO. 

Decree on the Margin, 

Havana, Feb. 1st, 1823. 
I agree with the foregoing dictamen, and order that it may be fulfill- 
ed, and in virtue of it the information may be received which the Au- 
ditor of War suggests as before. 

KIXDELAN, 

MAL. BE LA TORRE, 

Havana. 

On the said day it was made known to Don Pedro Lopez. 

Attest, TORRE , 

Testimony of Protest 

In the always faithful city of the Havana, on the thirtieth of January, 
^ne thousand eight hundred and twenty-three, before me, the Public 
iSotary, and the witnesses, appeared Don Pedro Lopez, an inhabi- 
tant and merchant here, to whom I give credit, and whom I know, and 
said: That about half past one in the afternoon of this day, the Ame- 
rican brig of war of the United States, called the Spark, entered this 
port, and there was delivered to him, as he says, a letter, by Don Ig- 
natio Lopez, dated at sea, the 26th of the current month, subsciibed 
by Don Pablo Daunes, the tenor of which is literally as follows: 



M Sea, 2$th January, 1823. 
" Sor, Don Pedro Lopez. 

Sir: The Brig of Don Pedro Martinez having this morning'made 
the signal for getting under weigh, I weighed and went out, the 
American brig of war named the Spark having gone before, and be- 
ing about pistol shot from her, he ordered me to launch the boat, 
which I obeyed, and he told me that I was accused of having rob- 
bed the American schooner which had this day sailed from this port 
of the Havana, called, or named, the Elenora, Captain Howell; and 
said Howell having gone on board to recognize the men, said that it 
is the boatswain, Nicholas Gongoll, very old in this vessel, as you 



[2] 



233 



and the house of Sogas know; said Howell also said that the schooner 
Ninfa Catalana was the same that had robbed him; and thus I have 
endeavored to show you the whole truth, as all the merchants of the 
Havana, it appears to me, know me and the vessel, that we have 
never been guilty of any crime, either the vessel, myself, or the 
crew. They command us to follow, it appears, to Baltimore or 
Charleston, and I have charged the commander with the losses which 
may take place. I desire you to pass, and send it to your friend, 
Pablo Daunes. — Do not fail to write me, and to speak with some one 
who has knowledge of these matters, or others whom I mention, 
how we may conduct ourselves, and write to Iglesias." 

It is conformable to said letter which I, the notary, corrected and 
compared, and have returned sealed to the same Don Pedro Lopez, 
to whom I refer, who pursues, saying, that, having been informed by 
the same D. Ingacio Lopez, D. Juan Pastor, D. Juan Alvarez, D. 
Salvador Fernandez, and others, who may be named in time and 
form, passengers and shippers, interested in the Spanish schooner 
Ninfa Catalana, that, in fact, being on board said vessel, within can- 
non shot of the Moro Castle of this port, the aforesaid schooner 
Ninfa Catalana was detained, seized, and manned, by the crew of the 
American brig of war Spark, by the order and will of her com- 
mander, manning her with eighteen of the crew of the said brig, 
with two Marine guards, leaving on board of the same Ninfa her arm- 
ament, putting manacles on the boatswain, and irons on his feet, and 
leaving the captain, D. Pablo Daunes, and three passengers free, in 
which state it was determined, as the said witnesses understood, and 
will agree with their signatures as proof, and likewise mentioned in 
the letter which has just been produced, that they directed the said 
schooner to the port of Charleston, or of Baltimore, observing that 
the beforementioned American brig of war sailed from this port on the 
same twenty-sixth day of the current month, half an hour before the 
schooner Ninfa Catalana; so that the attack was premeditated in 
violation of the laws of justice and of nations, of the local authorities 
of the territory, of a friendly flag, and of the reciprocal respect 
which civilized nations ensure to commerce and the nation. Where- 
fore, there being no example of a similar crime, leaving safe all the 
resources which may be favorable to him, and the laws allow him, he 
protests, once, twice, thrice, and four times, if it be necessary, and 
the laws authorize him, against the commander, crew and vessel of 
the said American brig of war Spark, of the United States of 
America, for the detention, seizure, losses, damages, injuries, demur- 
rage, consequent damage, and profit ceasing, expenses and charges 
which such a proceeding may occasion, that they may be refunded to 
those who may he lawfully interested in the beforementioned Spanish 
schooner Ninfa Catalana, hull, keel, and other appurtenances, as well 
to those who may be her shippers, as whatever else may be necessary 
of her hull. In testimony, whereof, thus he said, agreed; and signed, 
at half past five in the afternoon of this day, with the other indi- 
viduals referred to as witnesses, D. Jose Segundo, D. Calletano 
38 



234 |_ 2 J 

Covisor, and D. Francisco Valerio, inhabitants and present. Pedro 
Lopez, Salvador Hernandez, at the request of D. Ignacio Lopez, 
and D. Juan Alvarez, who, in the act, declared that they knew not 
bow to sign, Francisco Valerio, Juan Pastor, Jose de Salinas. 
Agreeable to the original, which remains in the archive of this No- 
tarial office, under my charge, to which I refer; and, upon the peti- 
tion of Don Pedro Lopez, I give these presents in duplicate. 

JOSE SALINAS. 
Havana, Jan uary ISth, 1823. 

PETITION, 

To the acting Captain General: D. Pedro Lopez, an inhabitant and 
merchant of this city, and consignee of the Spanish schooner Ninfa 
Catalana, Captain D. Pablo Daunes, with due respects explains to 
you, that, by the former decree, which provides, that competent infor- 
mation be received before the Auditor of War, which may es- 
tablish the truth of the facts, to which he confines himself in his 
former process* and to fulfil it, it is proper for him that you will be 
pleased to order that those to whom he refers, in his said memorial, 
should say, under the solemnity of an oath, and declare, respecting 
the following particulars, 1st. If they know Don Bartolome Igle- 
sias, owner and captain of the said Schooner, D. Pablo Daunes. se- 
cond captain, and accidentally first, he (Iglesias) having been left 
sick in Campeachy, and Nicolas Gongall, boatsw T ain, in the present 
voyage, formerly a sailor in her, incapable, from their known ho- 
nor, of having committed hostility or injury upon any vessel of a 
friendly or allied power, it being impossible from the said circum- 
stances, that they could have tolerated any other individual belong- 
ing to the said schooner, to have perpetrated the crime of which the 
commander of the American brig of war Spark accuses them. That 
they say as they know, and is evident to them, that, from the 26th of 
November of the year 1818, when the aforesaid Igiesias purchased 
the said schooner Ninfa Catalana of D, Martin de Zavala, to the pre- 
sent time, he has made no other voyage than to Campeachy, Sisal, 
or other port of the Gulph of Mexico, without ever having seen or 
heard of this vessel, having been destined to other places than those 
mentioned. In the same manner, that Don Ignacio Lopez, or any 
other of the witnesses to whom it may be known, say how he knows 
that the accusation which the American schooner made of the Ninfa 
Catalana, to the commander of the brig already cited, arises from the 
resentment of a sailor of the former against one of the latter, who 
shall certainly be the boatswain of her, for not having permitted him 
to make fast a rope to the Ninfa, when he came alongside of the for- 
mer, at the wharf, for which reason the American threatened that he 
would pay him, and this was the cause of the false accusation alrea- 
dy related: wherefore I intreat you to be pleased to accede to this re- 
quest, agreeably to justice. Havana, the 3d of February, 1823. 

PEDRO LOPEZ. 



C 2 ] 235 



DECREE. 



Havana, 3d February, 1823. Ashe requests — two dashes. 

MANUEL DE LA TORRE 



NOTIFICATION. 

In the Havana, on the said day, I notify it to Don Pedro Lopez. 
Attest, TORRE. 

DECLARATION. 

In the ever faithful city of the Havana, on the 3d of Feb. 1823, 
before the Acting Auditor of War, appeared Don Ignacio Lopez, a 
native of the Kingdom of Galicia, an inhabitant of Cam peachy, and 
at present a resident here, a married man, and by profession a mer- 
chant, who made oath, in due form of law, under which he offered 
to speak the truth; and being examined by the particulars of the fore- 
going interrogatory and memorial of the former page, said, after be- 
ing informed of the said memorial, and of the protest which accom- 
panies it, that the passage is certain and true, which the last relates, 
in which appears copied the letter which the captain of the schooner 
Ninfa Catalana directed to Don Pedro Lopez, his consignee, which 
fact took place at the distance of a cannon shot from the Moro, loading 
the boatswain of ihe schooner Ninfa, and the sailors, with chains; and 
answers, being interrogated, on the first particular, he said: That he 
knows the individuals to whom the interrogatory refers, whom he 
takes, and has taken, for honest men, and of regular conduct, not 
having ever heard it said that the said individuals could have com- 
mitted the crime of which they have been accused by the captain of 
the schooner which was said to be robbed, conceiving, at the same 
time, that such an imputation is a falsehood: and answers to the 
second, that it is certain that, from the date which is cited, the voya- 
ges which the said schooner has made, have been to the ports which 
the interrogatory mentions, in the Gulf of Mexico, without having 
heard it said that she had been destined to other points than those re- 
lated: to the third, and last, .that it is certain that the accusation 
which the captain of the American schooner made, has no other ori- 
gin than that which is related as having passed, in the terms writ- 
ten; and answers that, what he has declared, is the truth, in vir- 
tue of the oath which he has taken; that he is forty years of age. It 
was read to him, and he declared it to be correct; that he is not com- 
prehended in the general principles of the law, does not sign from not 
knowing how; which I attest. Before me, 

MANUEL DE LA TORRE. 

DECLARATION. 

In the ever faithful city of the Havana, the same day, month, and 
year, before the sameSor Auditor,appeared Dn. Salvador Fernandez, 



236 [ 2 ] 

a native of Galicia, a married man, and by profession a merchant, 
to whom an oath was administered, which he made with due form 
of law, under which he promised to speak the truth, and being ex- 
amined as to the foregoing, said, that the event is certain and true, 
described in the memorial of the first page, and the protest, which is 
added in testimony, as it happened accordingly, and, as this docu- 
ment relates it, which is evident to him, in consequence of his being 
on board the Schooner Ninfa Catalana, on the day mentioned, as he 
had taken his passage in her for Cam peachy, to which port she was 
bound, and proceeded about a cannon shot's distance from the Moro: 
and answers, being interrogated by the first particular of the pre- 
ceding interrogatory, said, that he has been in the habit of sailing 
upwards of two years in the said Schooner, for the purchase and sale 
of his merchandise, for which reason he knows, and is acquainted 
with the persons whom the interrogatory indicates, whom he has 
considered, and still considers, as men of honorable proceedings, who 
are incapable of committing hostilities, or allowing them to be com- 
mitted, or causing damage to any vessel belonging to nations, our 
allies: and, answers to the second, that, by what he has related in 
his former answer, he knows that the Schooner Ninfa Catalana has 
not directed her voyages to other ports than those mentioned. To 
the third and last, that it is certain the declarant was present; and, 
also, one of the sailors of the Schooner Ninfa, who had been brought 
by the orders of the American Brig Spark; and answers that what 
he has declared is the truth, in virtue of his oath; that he is twenty- 
seven years of age: it was read to him, and he declared it to be cor- 
rect, and signed it, declaring that he is not comprehended in the 
general principles of the law. The Auditor did it, which I attest. 

SALVADOR FERNANDDZ. 
Before me, 
Maxuel De La Torre. 

declaration. 

In continuance of the act appeared before his Lordship D. Jose 
Ferrer, a native of Catalonia, a married man, domiciliated in Cam- 
peachy, and by profession a merchant, to whom was administered 
the oath, in the form prescribed by law, under which he promised 
to speak the truth, and, being examined by the memorial of the first 
page, which was read to him, as, also, the protest which is added in 
testimony, said, that the fact is certain and true, which the memorial 
and protest mention, as having happened on the date and in the terms 
which the letter, inserted in the protest, indicates; the Schooner 
Ninfa Catalana, being distant about a cannon shot from the Moro, 
and answers, being interrogated by the first particular of the preced- 
ing interrogatory, said, that, from having made voyages in the 
Schooner Ninfa Catalana, as a passenger, he knows the persons 
mentioned, whom he has considered, and considers, as men of all 



[2] 



237 



honor, incapable, from their good qualities, of committing hostilities 
or causing damage to any vessel belonging to nations, our allies, or 
of permitting a sailor, belonging to her, to commit it: and answers 
to the second, for the reason already given, he is equally certain that 
the said Schooner has made no other voyages than to the points which 
the interrogatory indicates; and answers to the third anjLlast, that 
he is ignorant of it, although he has heard it said in the same vessel, 
for which reason he does not assert it; and answers, that what he has 
declared, is the truth, in virtue of his oath; that he is of the age of 
thirty-five years; that it was read to him, and he declared it to be 
correct; he did not sign from not knowing how; the Auditor did it, 
which I attest.— Before me, 

MANUEL DE LA TORRE. 



Declaration. 

In the everfaithful city of the Havana, on the fourth of February, 
one thousand eight hundred and twenty-three, before acting Auditor 
of War, appeared Dn. Juan Pastor, a native of Tarragona, in the 
Principality of Catalonia, and an inhabitant of Merida, in Yucatan, 
a widower, and professionally a merchant, whose oath was taken by 
God and the Holy Cross, under which he promised to speak the truth, 
and being examined by the preceding representations, and the pro- 
test, which is added in testimony, being read to him, he said, that the 
said protest attests the truth of the facts, for which purpose he sub- 
scribed it, the said first memorial being also agreeable to it. Being 
examined by the contents of the second, he said, that he knows the 
persons who are mentioned, and has sailed with them, and by the 
same he can say, with all safety, that they are honorable men, of 
irreproachable conduct, and thus he considers them incapable of hav- 
ing committed any hostility on vessels belonging to a friendly nation, 
esteeming whatever may be said to the contrary as a calumny, he 
can do no less than represent, that, having requested the Captain of 
the American brig of war to mark the point at which the Schooner 
Ninfa Catalana had caused the damage, as she had been in the trade 
from Campeachy to the Havanna, about four years, the declarant 
being the consignee in Sisal, and he answered in his language, and 
by an interpreter, that he did not know. To the second, that all that 
is related in the interrogatory is certain, and answers, that what he 
has declared is the truth, in virtue of his oath; that he is advanced in 
age; it was read to him and he declared it to be correct, and signed it 
with his Lordship, which 1 attest — one dash. 

JUAN PASTOR. 
Before me, 

Manuel De La Torre. 



238 [2] 

DECLARATION - . 

In continuation, appeared before his Lordship Don Juan Alvarez 
de Castro, a native of Galicia, and inhabitant of this city, a bachelor, 
and his business that of a merchant, who made oath, in due form of 
law, under which he promised to speak the truth; and, being examin- 
ed by the memorial of the first page, which was read to him, as well 
as the protest which accompanies it in testimony, said: That what 
both documents express, is certain and true, because as a passenger 
of the schooner Ninfa Catalana, he was present at the whole, and as- 
sisted in forming the protest; and being examined by the other re- 
presentations, said : to the first, that he knows alJ the persons who are 
named, whom he considers as men of honorable conduct, and does not 
believe capable of having committed the crime which the commander 
of the American brig of war Spark, belonging to an allied nation, 
attributes to them. To the second, that, as far as the interrogatory 
contains, is well known to him, and answers, that what he has declar- 
ed, is the truth by the oath which he has taken; that he is forty six 
years of age. It was read to him, and he declared it to be correct. 
He did not sign; as he said he did not know how, which was done for 
him, which I attest. Before me, 

MANUEL DE LA TORRE. 



DECLARATION. 

In continuation, before his Lordship appeared Don Jose Anet, a na- 
tive of Catalonia, and inhabitant of this city, a married man, and 
merchant, to whom was administered the oath in due form of law, un- 
der which he promised to speak the truth; and, being examined by 
the memorial of the first page, and the protest which accompanies it 
being read to him, said: That the contents of the memorial and pro- 
test which were read to him. agree with the declarations which D, Pe- 
dro Lopez has made to him; and, being examined by the particulars 
of the last representation produced by this man, said: to the first, that 
he knows the persons who are mentioned as belonging to the schooner 
Ninfa Catalana, always esteeming them honest men, as having heard 
nothing to the contrary, and therefore does not presume that they can 
have committed any hostility, and especially upon vessels belonging 
to an allied nation. To the second, that, what the interrogatory ex- 
presses is known to him, except the date when the schooner was pur- 
chased, and answers, that what he has declared, is the truth by his 
oath: that he is thirty one years of age. It was read to him, and he 
declared it to be correct, and signed with his Lordship, which I attest. 

JOSE ANET. 

Before me, Manuel de la Torre. 



[2] 239 

DECREE. 

Havana, February 4, 1823. 

The informatory evidence having been furnished, which was 
provided in the decree of the first current, let these proceedings be de- 
livered to D. Pedro Lopez, that he may advance that part of it 
which he thinks proper. 

KINDELAN. 

Manuee de la Torre. 

notification. 

In the Havana, on the said day, I notified it to Don Pedro Lopez. 

Attest, TORRE. 

PETITION. 

To the Acting Captain General: — Bon Pedro Lopez, 

An inhabitant and merchant here, consignee of the Spanish schoon- 
er Ninfa Catalan a, in the proceedings which he has instituted in this 
Captaincy General, with the usual respect, says: that, for the better 
clearing up the information which he has brought forward, and to give 
it all the force necessary for that purpose, has requested his Excellen- 
cy the Commander General of the Marine, that the Captain of the 
Port, having examined the books under his charge, will certify, as is 
true, that the said vessel had directed her voyages only to the ports of 
the Gulf of Mexico, and never to that of Cadiz; and his Excellency 
was pleased to accede to the request, the Captain of the Port certify- 
ing in consequence; which documents he accompanies with the cere- 
monial of style, in order that they may produce the proper effects: 
Wherefore, he intreats you to be pleased, they being presented, to or- 
der that they be added to the process, that it may have the proper ef- 
fects, which is justice. Havana, February the fifth, one thousand 
eight hundred and twenty three. 

PEDRO LOPEZ. 

DECREE. 

Havana, February 5, 1823. 

Let the presented papers which accompany, be added to the pro- 
ceedings of the business, that it may have the effect which may happen. 

KINDELAN, 

Manuei, de ea Torre. 



240 C 2 ] 



NOTIFICATION. 

In the Havana, the said day, I notified it to Don Pedro Lopez. 

Attest, TORRE. 

PETITION. 

His Excellency the Commander General of Marine. 

Havana, Februanj l, 1823. 

Don Pedro Lopez, an inhabitant and merchant of this city, as con- 
signee of the private Spanish schooner called the Ninfa Catalana, re- 
spectfully says to your Excellency, that it is agreeable to his right, 
that the Captain of the Port, upon examination of the rolls which he 
has despatched to said schooner, from the twenty sixth of November, 
one thousand eight hundred and eighteen, when his consigner, Don 
Bartolome Iglesias purchased her, according to the testimony of writ- 
ing which duly accompanies. Certify in continuation, if, from any 
of them it appear, that she had, at any time, been despatched to the 
port of Cadiz; and, as is the truth, that, from the said date to the 
present time, she has performed no other voyages than to the Gulf of 
Mexico, and almost constantly to Campeachy; as also, that the said 
Iglesias has constantly commanded her; whose conduct has been irre- 
prehensible in his command of captain and master of her; therefore, 
lie intreats your Excellency to be pleased to order, that the certificate 
which he solicits by the principal, be proved to him by the said office, 
and the act be delivered to him, to serve him as a proof in what he in- 
tends doing respecting the false accusation which the captain of an 
American merchant vessel made against said schooner to the com- 
mander of the brig of war which took her, and is now in the port; 
which is justice, and which he expects from your Excellency's equity. 

PEDRO LOPEZ.* 

DECREE ON THE MARGIN. 

Havana, February 3, 1823. 
To the Captain of the Port for what is requested. 



GASTON. 



TESTIMONY. 



Be it known, that I, Don Martin Zavala, an inhabitant and mer- 
chant of this place, by these presents, agree to sell, really, in favor of 
Don Bartolome Iglesias, an inhabitant of the city of Campeachy, re- 
siding in this, of the Havana, a Spanish merchant schooner, my pro- 
perty, named Sircasiana, of the burthen of one hundred and sixteen 
and a half tons; the same which I had and purchased of a citizen of 
the United States of America, Patrick Ayres, for himself, and as at- 



[2] 



241 



torney of William Wood, merchant, of Philadelphia, as appears from 
the writing lodged in this very archive, and before the present Nota- 
ry, on the eleventh of September, of the past year, one thousand eight 
hundred and sixteen, at which date she was naturalized and matricu- 
lated in this province, with the formalities of the ordinance, being 
placed in the roll of the register, at folio one thousand four hundred 
and eighty two of the lists of smaller vessels; and she was sold, moor- 
ed, and anchored in this port, with all her masts, sails, anchors, rig- 
ging, rudder, bowsprit, yards, binnacle, launch or boat, and other ne- 
cessaries, as appear from her inventory, with which the purchaser was 
furnished, free from all demands, claims, and obstacles, from which, 
in sufficient form I insure and make her good; for the price and clear 
sum of one thousand five hundred and fifty dollars, which I have re- 
ceived of the aforesaid in current money in hand, and admit, as paid to 
my satisfaction. I renounce the proof, laws of delivery, specie, fraud, 
ami other things of the case, of which I acknowledge the formal re- 
ceipt, by which I declare, that the just price and value of the said 
schooner Circaciana, at the time of her last bidding, at the public ven- 
due of Don Mariano Canelas, on the twenty fourth current, is that of 
those who know, one thousand five hundred and fifty dollars, for which 
.the highest bid was made, but if somewhat more is or may be the val- 
ue of the excess, whatever it may he, I make a gift and donation to the 
purchaser, mere, pure, perfect, and irrevocable, the assignable right 
and title, (titula intervivos,) with ail the clauses, entails, requisites, 
and stabilities, necessary for its validity. In virtue of which, I aban- 
don and desist from the right, property, possession, use, dominion, and 
other actions real and personal, which I held or had to the said schoon- 
er, and all her advantages; I give up and transfer the whole to the 
purchaser and his lawful representative, that, as his own property, 
he may possess, sell, or alienate her at his pleasure, in virtue of this 
writing, which I acknowledge in his favor, in token of the real delivery 
with which he is seen to have acquired his possession and dominion, 
without the necessity of other proof, from which I exonerate him, 
and bind myself to the security and guarantee of this sale, with my 
property, present and future, in sufficient form of right, and as may 
be most proper in favour of the purchaser, who, being present, receiv- 
ed in his favor this writing; by it he receives the purchase of the said 
schooner, which, by his order, has since been named the Ninfa Ca- 
talana, and for her being delivered to his satisfaction, he renounces 
the proof, laws of delivery, fraud, and other things of the case, of 
which he acknowledges the formal receipt. In testimony whereof, it 
is dated in the ever faithful city of the Havana, the 26th of November, 
1818. I, the Notary of War Marine, attest, know the person grant- 
ing, that thus they said, granted, and signed. Witnesses, Don Car- 
los Alvarez, Don Manuel Lopez, and Don Jose Poso, inhabitants, 
and present. 

MARTIN DE ZABALA, 
BARTOLOME IGLESIAS 
Before me* Jose Miguel Is^uiebdo. 
39 



242 [2] 

It is agreeable to its original, which remains in the archive under 
my charge, to which I refer; and from the petition, by order, I ex- 
tract the present. Havanah, 1st February, 1823. 

JOSE MIGUEL ISQUIERDO. 

CERTIFICATION. 

I, Don Jose de Alcala y Guerra, Knight with the cross, and in- 
signia of the royal and military order of St. Hermenegild, Post Cap- 
tain, advanced from the National Fleet, and acting of this Port, 
certify, that the Spanish schooner, called Ninfa Catalana, of this 
register, and the property of Don Bartolome Iglesias, enrolled in folio 
1482, of the list of vessels enrolled in this Capital, never has been 
cleared for the port of Cadiz; and from the month of November, 
1818, that the said Iglesias purchased her, he has always sailed with 
her, in the situation of captain and pilot, to the ports of Vera Cruz, 
Sisal, and Campeachy, until the 15th of December, last year, when 
the said vessel entered this port under the command of a new cap- 
tain, D. Pablo Daunes, from the said Iglesias having been left sick 
in the said port of Campeachy; as the whole is plain, by the rolls of 
said vessel, in this office. And, that it is evident, I give the present, 
in consequence of the provision, of this date, of his excellency the 
Commander General of the Marine of this station, returned in the 
instance presented by D. Pedro Lopez, merchant and inhabitant 
here. Captaincy of the Port of Havana, 3d February, 1823. 

JOSE DE ALCALA. 

PETITION. 

The acting Captain General: D. Pedro Lopez, merchant here,, 
with the usual respect, says: That, by the decree of the 4th current, 
the proceedings were ordered to be delivered to him, which he has 
brought forward respecting the Spanish schooner Ninfa Catalana, in 
order to have the information finished; that the decree of the first of the 
same, ordered him to receive them, that conveniencemay be promoted. 
In their state, nothing else is wanting, but that you will be pleased to 
communicate to him your approbation, to give them all necessary 
force: in virtue whereof, he entreats you to be pleased, in virtue of 
your decree, to communicate to him the competent approbation, and 
order the originals to be returned to him, with the testimonies whick 
he shall ask, authorized in public form. Havana, Feb. 6th, 1823. 

PEDRO LOPEZ. 

DECREE. 

Havana, February 6th, 1823. Let it be done — two dashes. 

MANUEL DE LA TORRE 



L2] 



243 



NOTIFICATION. 



At the Havanna, on the said day, I make known the preceding 
decree to D. Pedro Lopez. 

Attest, TORRE. 

DECREE. 

Havana, February 7th, 1823. On examination, as far as belongs 
to right, the information furnished by D. Pedro Lopez, in concord- 
ance with what was ordered by the decree of the 1st current, is ap- 
proved; and, for its greater validity and firmness, his Lordship in- 
terposes his authority and judicial decree. Consequently, let the 
originals be delivered to the promoter, that he may have the use of 
them which may be suitable; and let him be provided with the testi- 
monials which he shall ask respecting them, corrected and authoriz- 
ed in due form. Let the costs be valued and paid by the said Lopez, 
with forty-eight reals of assessments 

KINDELAN. 

Manuel de la Torre. 

notification. 

At the Havana, on said day, I notified it to Don Pedro Lopez. 

Attest TORRE. 

OFFICIAL LETTER. 

Havana, 5th February, 1823. 

We send to you a certified copy of the representation which Don 
Pedro Lopez, a merchant here, has addressed to the Junta of Go- 
vernment of this consulate, showing the incident which happened to 
the Spanish schooner named Ninfa Catalana, on her leaving this 
port, with the American brig of war, Spark, that you maybe pleased 
to take into consideration the contents of the memorial, and support 
the opinion of the Junta, manifested in their resolution at the foot ot 
said copy. 

God preserve you many years. 

JOSE MARIA PERNALVER. 
JOSE JOAQUIN DE AISPURNA, 

The Acting Superior Political Chief 

DECREE ON THE MARGIN. 

Havana, February 6th, 1823. 

Pass it to the deliberation of the Acting Auditor of War. 

KINDELAN, 



244 [ 2 ] 



DICTAMEN. 

Senor Captain General: Don Pedro Lopez, merchant here, consignee 
in this place, of the Spanish schooner named Ninfa Catalana, which 
sailed from Campeachy on the twenty-sixth last, has represented to 
the economical junta of the consulate, the hostile insult which this ves- 
sel has suffered from the United States' brig of war Spark, under 
the guns of the Moro castle, with the rest which is read in his me- 
morial, of which, as well as from the resolution of the junta held on 
the third current, a copy has been sent to you, signifying to you the 
gravity of the case, and the transcendancy of such conduct, with the 
observations which appeared to them proper; and, having taken 
charge of the whole, have agreed by common consent, and from hence 
immediately, and without loss of time, this government should pro- 
ceed as the junta proposes, laying before his majesty a copy of these 
papers, and of any others which the party interested may propose, 
that the claims may be better instructed and founded, until, if it is pos- 
sible, the incident present itself with the conviction which renders the 
whole charge undeniable, and leaves no responsibility, before it sup- 
ports the justice of the charges, and any other means: but with your 
superior information you will determine what you think most proper. 

FRAN. DEL CRISTO. 
Havana, February 7th, 182. 

DECREE. 

Havana, February 7th, 1823. 

I agree with the preceding dictamen, and let every thing be done as 
is expressed in it, giving an account of it to his Majesty for his royal 
determination. 

KINDELAN. 

CERTIFIED COPT. 

Mr. President, and Members of the Economical 

and Administrative Junta of the Consulate: 

Don Pedro Lopez, an inhabitant and merchant here, with due 
respect represents to you, That, on account of his being in this port, 
consignee of the Spanish schooner named Ninfa Catalana, Captain 
Don Pablo Daunes, he loaded and despatched her for that of Cam- 
peachy, and she set sail on the twenty-sixth of the current month; 
and when he was calculating on the issue of his navigation, he yester- 
day received a letter from said captain, informing him of the capture 
which he had undergone by the United States' brig of war called the 
Spark. In consequence of which he immediately set about forming 
the protest which followed, and which, in testimony, duly accompanies. 
The preliminary step of the protest being finished, the exponent en- 



1*1 



245 



deavored to be informed of the case, and was informed that the said 
brig Spark, being at anchor in this port, it was announced to her com- 
mander by an American captain, that the schooner Ninfa, and her 
boatswain, had robbed him on her voyage from Cadiz. This being 
so, it appears that the order of things dictated, that the said com- 
mander should have addressed himself to the tribunals of this country; 
but, crime, in every point of view, scandalous! he waited for the day 
in which theNinfa Catalana was to set sail; he weighed before the 
said schooner, waited for her in the mouth of the harbour, and detain- 
ed her within cannon shot of the castle, manned her with sixteen men 
and two marine guards, put handcuffs upon her crew, and in addition, 
put a pair of irons upon the boatswain; he left on board the captain 
and three passengers, transferred to his own ship six passengers, 
commanded the vessel to go to Charleston or Baltimore, and having 
perpetrated his deed, returned to enter into this port yesterday, scan- 
dalizing this commerce and its bay, in a manner which, from its re- 
sults, tends to compromise the public tranquillity, retard it from en- 
tering, at the time of one of his boats endeavoring to come alongside 
the wharf of Caballaria. An occurrence of such magnitude sufficient- 
ly calls the attention : the exponent has had recourse to the Superior 
Political Chief, that, as the superior authority of the territory, he may 
know of an act which may produce very fatal consequences: to his 
Excellency the Commander General of Marine, as Military Naval 
Chief, and an aggression committed on his coasts; and to you, gentle- 
men, as the protectors of the navigation, the commerce, and the agri- 
culture of this Island. You, Gentlemen, will sufficiently know that 
the law of nations has been violated; that the laws and authorities of 
the territory have been trampled upon; that the fortress of the Moro 
has been despised; that the navigation and the commerce are ruined 
at once; that the least dissimulation of a similar crime places the 
Spaniards in the most deplorable state; that thus, public securities are 
destroyed; and, lastly, nothing proves with more evidence the con- 
tempt and want of consideration with which we are treated, than the 
very brig Spark having returned to enter this port, after having com- 
mitted such an offence. It is not possible, Mr. President and Mem- 
bers, that such an act can be authorized by the Government of the 
United States; but so it is, that, in the meantime, it is notorious that 
their vessels respect the independent flags, whilst they attack and de- 
tain ours, as happened with the schooner Gallega the Third, carried to 
New Orleans; the brig seized near Porto Rico; the permitting 
to arm in their ports the greater part of the privateers which have 
ruined and destroy our navigation and commerce, carrying our ves- 
sels captured to their own ports, and planting the courts in their 
own country. The crews of the independents are, comparatively 
speaking, citizens of the United States; and, in a word, they have 
already thrown off the mask, and their own ships of war attack, 
with impunity. Spanish ships upon our coasts, and under our bat- 
teries; and what will the Government of the United States say? It is 
content with disapproving the conduct of the commander who perpe- 



246 [2] 

trates a crime as the Spark, and reserves the right against him. And 
is this capable of giving satisfaction, or securing any person? Every 
individual privateer has a security, which guarantees the bad use 
which she may make of her patent. And what security do the com- 
manders of American vessels of war produce? They are authorized 
to make what depredations their commanders desire; but, they resent, 
and suppose our authorities indifferent to, the crimes which are com- 
mitted, to their great sorrow, upon these coasts, by foreign subjects, 
for the most part, of their nation; and they determine, notwithstand- 
ing, on a naval armament to cruize upon the seas of this Island, 
which may, God grant it, be not the artful covering of their inten- 
tions. In the time of the meritorious Intendant, D. Alexandro Ra- 
mirez, an expedition of the captured vessels was formed, which were 
in pursuit of this trade, and this very expedition sufficiently proved 
the disasters which the United States of America have caused to the 
Spanish navigation. At. this very time, privateers of force, which 
persecute and ruin us, are supplied in their ports; in the Old Chan- 
nel, at opening that of Bahama, at the Capes of San Antonio, and 
Corrientes, and even in the mouth of the Strait of Gibraltar, are ves- 
sels cruising at the present moment, which, although under the flag 
of Colombia, are Americans of the United States. And is our Go- 
vernment criticised? After all this exposition, what will be the lot of 
the boatswain of the schooner Ninfa, fettered, and manacled, and 
what that of her crew? What losses have not been caused to her pro- 
prietors, and shippers? Who will repair these losses? We cannot 
even appeal to the principal sufferers, or those unable: we cannot ex- 
pect that the individuals can claim some rights, which, although their 
own, already interest the whole nation, and, very particularly, the 
Island of Cuba, which object may be the resort of these scandalous 
intrigues; and that, if the legitimate authorities do not reclaim, in 
time, with energy, and take such measures as may produce order, 
the excesses which may, at such a time, be committed, as reprisals, 
ought not to be wondered at, which may produce consequences that 
cannot be remedied when it is thought necessary. On an idea of all 
that can be explained, I entreat you, gentlemen, that, having as pre- 
sented the testimony of protest which I produce, you will be pleased 
to grant what appears most just arid agreeable to the enlightened 
penetration of the Junta; now may it render its desires uniform with 
the Superior Political Chief; now with his excellency, the Command- 
er General of Marine; now being addressed, in an official letter, to 
the Government of the United States; and, now, lastly, to the legis- 
lative and executive of our Monarchy, that the evil, damages, and 
vexations, caused to the schooner Ninfa, by the commander and brig 
Spark, may be reported, and dictating such means as may correct, 
radically, like abuses, and put entirely to rest the Spaniards from 
other new ones, as interesting to this country, and the bodies which 
you, gentlemen, represent. 
Havana, January 31 st, 1823. 



C*J 



247 



Besides, by the interest, and urgency of this business, he entreats 
you to be pleased to convoke the extraordinary Junta to grant what 
it may think fit, before the brig Spark weigh from this port, which 
is to be done, in the state of this business; (date as above.) Besides, 
to have recourse, in case of necessity, on my part, to the supreme 
Government of the nation, I entreat you to be pleased to order that 
I may be provided, by the Secretary of the Consulate, with a copy, 
certified in form, of this proceeding, and all its determinations, or 
resolutions; (date as above.) 

PEDRO LOPEZ. 

RESOLUTION OE THE CONSULATE. 

In Junta of Government of the Consulate, of the 3d of February, 
1823, the President being the second consul, D. Antonio Toso, a 
representation was seen of Don Pedro Lopez, merchant here, in 
which he relates the scandalous fact, that the commander of the 
American brig of war Spark, anchored in this port, had gone to sea, 
and, in sight of our forts, had captured the schooner JNinfa Catala- 
na, of his consignment,sending her to Charleston, and making pri- 
soners the captain and crew, under the pretext that he was inform* 
ed, by the captain of an American vessel, that the boatswain of the 
schooner had robbed him, on the high sea, on another voyage; and, 
after the commission of this act, and violence, the brig Spark had re- 
turned to enter the port, without having brought the complaint be- 
fore the Spanish authorities, which was in order, if he wished the 
boatswain to be punished agreeably to the laws. In virtue of this 
exposition, Lopez solicited that, by the Consulate, as a corporation, 
charged with the protection of the interests of this commerce, what 
was proper should be granted to him; and the Junta taking into con- 
sideration some facts, which, by their notoriety, have called the at- 
tention of this public, and conceiving the necessity that suitable mea- 
sures be taken by the Anglo-American Government, as well in respect 
to the fault committed, by the commander of the brig Spark, as to 
avoid, on the part of their naval officers, the repetition of such acts, 
which can, in no manner, be authorized by that Government, bound 
to ours in terms of friendship by a solemn treaty; and this Consulate 
desires, at the same time, to favor the just solicitude of the individuals 
injured, has granted it in the case to which allusion is made; that by 
the Prior, and Consuls, a certified copy of the representation of Lo- 
pez be transmitted to the Captain General, acting Superior Political 
Chief, that the indemnification, to which he is in justice entitled, may 
be obtained in that Government, and that, in the same manner, he 
may make the proper complaints to its high representation, in order 
to avoid similar injuries to our navigation, and insults to our flag. 
And, finally, that our Supreme Government may take, at conve- 
nience, the measures which the protection of the national flag requires; 
the same Superior Political Chief will be pleased to lay the document 
before his Majesty, with a recommendation of its- importance. Last- 



248 [2] 

ly, that a certified copy of this resolution be given to Lopez, for the 

effects which may take place. 

ANTONIO TOSO. 

JOSE JOAQUIN DE AISPURNA, 

WINCELAO DE VILLA VRRUTIA. 

A true copy, 

WlNCEEAO DE VlLLA VRRUTIA. 

It is agreeable to the original acts, formed on the false accusation 
which the captain of the American schooner, called the Eleonora, made 
to the commander of the brig of war, also American, the Spark; 
whence resulted the capture of the Spanish merchant schooner Ninfa 
Catalana, to which I refer; and, in fuifilmentof command,! write these 
presents. 

( Signed with a flourish. J _ MANL. DE LA TORRE. 

Havana, March 6th, 1823. 

We certify, and attest, that Don Manuel de la Torre, who, by au- 
thority, attests the preceding, is a notary, national, and, ad interim, 
of war, as he is styled, faithful, loyal, and confidential; he uses, and 
practises, his profession with general approbation, and, to his equals, 
he has always given, and gives, entire faith and credit, in both offices. 
Havana, date as above. 

(Signed with three separate flourishes. J 

PHILIP ALVAREZ, 

JPH. FRANO. RODRIGUEZ, 

FRANCO. AYALA. 



No. 31. 

Mr* Mams to Mr. Salmon, 

Department of State, 

Washington, 29th April, 1823. 

Sir: I have had the honor of receiving your letter of the 15th inst. 
enclosing a copy of one bearing date the 16th of October, 1822, from 
Don Joaquin de Anduaga to Mr. Meade. 

By the 5th specific renunciation, in the ninth article of the treaty 
between the United States and Spain, signed on the aed of February, 
1819, but ratified by His Catholic Majesty only on the 24th of Oc- 
tober, 1820, it was provided, that the renunciation, on the part of 
the United States, of all claims for damages or injuries sustained by 
themselves, or their citizens, from Spain, stipulated by the precede 
ing part of the same article, should extend — . 

*' To all claims of citizens of the United States upon the Spanish 
Government, statements of which, soliciting the interposition of the 
Government of the United States, have been presented to the De- 



[ 2 ] k<m 

jparfmentof State, or to the Minister of the United States in Spain., 
since the date of the convention. of 1802, and until the signature of 
this treaty." 

You will observe, that the time of the signature, and not that of 
the ratification by either party, nor that of the exchange of ratifica- 
tions, is expressly agreed upon, as the time, until which the claim and 
the statements of them to the Department of State, or to the Minister of 
the United States in Spain had been received; which claims were, 
on the part of the United States, renounced,, 

The reason for fixing upon this particular time for the period at 
which the obligation of the United States, to assume the payment of 
these claims* should terminate, is obvious. It was neither proper, nor 
could it be the intention of the parties, that they should renounce 
claims, or admit statements of them, not known to the party assum- 
ing the obligation, at the time of contracting it. Whatever claims 
might arise, or whatever statements of them might be made after the 
signature of the treaty, were not, therefore, and could not, with pro* 
priety, be provided for by it. 

By the eleventh article of the same treaty, it was stipulated* that* 

" The United States, exonerating Spain from all demands in fit* 
ture* on account of the claims of their citizens, to which the renun- 
ciations herein contained extend, and considering them entirely can- 
ceiled, undertake to make satisfaction for the same, to an amount not 
exceeding fine millions of dollars. That, 

** To ascertain the full amount and validity of these claims, a com* 
mission, to consist of three commissioners, citizens of the United 
States, shall be appointed by the President, by and with the advice 
and consent of the Senate, which Commission shall meet at the city 
of Washington, and within the space of three years from the time of 
their first meeting, shall receive^ examine, and decide u\H)n 9 the amount 
and -validity of all claims included within the descriptions above men- 
mentioned." That *' The said commissioners shall take an oath, or 
affirmation* to be entered on she record of their proceedings, for the 
faithful and diligent discharge of their duties; 99 and that •' the said 
commissioners shall be authorized to hear and examine, on oath* 
every question relative to the said claims, and to receive all suitable, 
authentic testimony concerning the same. And the Spanish Govern- 
ment shall furnish all such documents and elucidations* as may be in 
their possession, for the adjustment of the said claims, according to 
the principles of justice, the laws of nations, and the stipulations of 
the treaty between the two parties, of 27th October, 1795; the said 
documents to be specified, when demanded, at the instance of the 
said commissioners.*' 

It has been necessary to set forth, in the terms of the treaty, itself, 
the engagements respectively contracted by the parties to it in these 
articles, in order to show, with clearness, their bearing upon the 
question now brought into discussion by your letter, and that of Mr* 
Anduaga, which it enclosed. 

The claims, payment of which, to a fixed and limited amount, was 

40 



250 [ 2 ] 

assumed by the United States* were claims not only existing, but 
statements of which had been exhibited at the Department of State, 
or to the Minister of the United States in Spain, before the signature 
of the Treaty. 

To ascertain the full amount and validity of those claims, Com* 
missioners were to be appointed, to act under oath, and charged with 
the duty, to receive, examine, and decide upon the amount and validity 
of all the claims. 

And the Spanish Government solemnly bound itself to furnish all 
such documents and elucidations, as might be in their possession, for 
the adjustment of the said claims. 

If any thing in human intention can be made clear by human lan- 
guage, it is, that the claims, provided for by the above stipulation, 
were in the condition as they had been exhibited, at the time of the 
signature of the treaty; that the authority, and the trust of examin- 
ing, ascertaining, and deciding their amount and validity , was solely 
and exclusively committed to the Commissioners, and that the Spanish 
Government was, and is, bound to furnish them, at their demand, all 
documents and elucidations, in possession of the said Government, 
for the adjustment of the claims. 

No transaction between any of the claimants and the Spanish 
government, subsequent to the signature of the treaty, could be evi- 
dence to the commissioners of the condition of the claim at the time 
of that signature. No appeal from the decision of the commission- 
ers, either to the Government of the United States, or of Spain, was 
reserved. By the transfer to the United States of the obligation of 
making payment conformably to the treaty, of those claims, Spain 
deliberately, and with full knowledge, transferred also the right of 
examining and deciding their amount and validity. It is to little 
purpose, therefore, that Mr. Anduaga's letter descants so largely 
apori the variety and respectability of the Spanish commissions and 
tribunals; which, many months after the signature of the treaty, un- 
dertook to liquidate, that is, to decide upon the amount and validity 
of Mr. Meade's claim upon the Spanish government — neither the 
number nor the character of those courts is at all questioned; but, 
from the day of the signature of the treaty, they bad no jurisdiction 
to try or decide upon any of the claims, the payment of which was 
assumed by the United States. Whatever jurisdiction they did exer- 
cise, however obligatory it might be upon his Catholic Majesty's 
government, could have no effect whatever to charge the United 
States, or, so far as they were concerned, to change the condition of 
the claims, as it had been exhibited to the Government of the United 
States, or to their minister at Madrid, before the signature of the 
treaty. It had been exhibited, as an unsettled and unliquidated 
claim; if comprised at ail within the provisions of the treaty, it was 
as an unsettled and unliquidated claim, upon which, as upon all the rest, 
the commission instituted under the treaty, was, by the express en- 
gagement of both parties, exclusively to decide. 

It is alleged by Mr. Anduaga, and repeated in substance by you, 



[2] 251 

ihat the decision by the Spanish tribunals upon the amount and vali- 
dity of Mi*. Meade's claim, made many months after the signature of 
the treaty, many months even after His Catholic Majesty was bound 
to have ratified the same, and after its ratifications ought to have been 
exchanged, was given at the earnest instance of the minister of the 
United States in Spain, and that he, as well as the Government of 
the United States, expressed their satisfaction at the event. The an- 
swer to this argument is, however, furnished by Mr. Anduaga and 
by you. Mr. Anduaga says, "when all this was done, there was no 
probability that the United States would be obliged to pay this debt;" 
that is to say, there was no probability that His Catholic Majesty 
would perform the express and solemn promise that he had made, 
to ratify the treaty. Undoubtedly* when there was no probability 
that the United States would be charged with the payment of the 
debt, their government and theip minister did earnestly press the 
Spanish Government to do justice at least to Mr. Meade. What that 
justice was, what w<as the amount and validity of his claim upon the 
Spanish government, the United States neither had, nor claimed the 
right to decide. So far as it was an obligation to be paid by Spain, 
and by which no other interests of the United States, or of their ci* 
tizens, could be affected, the right to decide upon it was exclusively 
of the resort of Spanish tribunals, and the American Government 
and minister naturally expressed their satisfaction, at the adjustment, 
hy the Spanish government, of a claim of one of their citizens, in 
whose favor they had taken a deep and generous interest, it being 
always understood by them, that this interest did not conflict with 
their duties to the people of the United States, and to all their other 
fellow citizens, also claimants upon Spain, and in whose favor their 
government was bound to take an interest as earnest and generous 
as in that of Mr. Meade. 

While there was no probability that the treaty would be ratified 
by Spain, the adjustment by Spanish tribunals, binding only upon 
Spain, could in no wise afifect any other right or interest of the peo- 
ple ol the United States, or of other American citizens, claimants 
upon Spain. That adjustment could in no wise charge the United 
States. It was an obligation of Spain, contracted after the signa- 
ture of the treaty, and w r as thereby excluded, by the express terms of 
the treaty itself, from the number of those which the United States 
had, by the treaty, engaged to assume upon themselves. The cogni- 
zance taken at the time by the Spanish tribunals, of this claim, and 
the acknowledgment of the amount and validity of this one alone* 
as you affirm, among many hundreds of other claims of American 
citizens, many of much longer standing, and all equally entitled to 
adjustment and liquidation, are indeed powerful arguments to prove 
that Mr. Meade's claim was not one of those for which Spain had 
intended to provide by the treaty. And this argument is strongly 
fortified by another, which Mr. Meade himself and his learned 
counsel in this country, have urged with grca* force, namely: that the 
claims of Mr. Meade, upon Spain, 'were of a nature, which, by tks 



252 [2] 

laws of nations and of justice, Spain could not discharge, and the 
United States coufti not renounce, by any treaty or compact between 
themselves. The conclusion from these argument.?,' if correct, un- 
doubtedly is, that Mr. Meade's claims upon Spain, were not intend- 
ed to be, and even could not be, provided for by the treaty, and were 
therefore not included in it. If, then, the Commissioners under the 
treaty did, in the first instance, entertain very serious doubts whether 
the claim of Mr. Meade was among those provided for, or intended 
to be provided for by the treaty, it was to these proceedings of the 
Spanish government, after the signature of the treaty, and to the ar- 
gument of Mr. Meade and his counsel, against the right of the con- 
tracting parties to the twenty, to dispose of Mr. Meade's claim, that 
these doubts must be ascribed. It was assuredly never the intention 
of the Government of the United States, in that treaty, either to re- 
nounce any claim winch they had not the right to assume, nor to as- 
sume any claim which they had not the right to renounce; as far was 
it doubtless from the intention of Spain to discharge any just claim 
of Mr. Meade's upon her, by the attempt to transfer it to a third 
party, without his consent Nothing can be more clear than thai 
Spain remains at this hour hound to satisfy, to the last real, every 
claim acknowledged by herself to be just, and which she had not the 
right to transfer to a third party, without the consent of the claim-, 
ant. 

The treaty, by its express terms, made provision onfy for unsettled 
and unliquidated claims. The United States assumed them, as they 
existed and had been exhibited at the signature of that instrument, the 
22d of February, 1819. In assuming the duty of Spain to discharge 
those claims, the United States acquired the right, and it was, in ex- 
press words, secured to them by the treaty, of ascertaining and de- 
ciding, exclusively by a commission of their own citizens, the amouni 
and validity of each claim assumed. At the same moment when the 
obligation to discharge the claim attached to the United States, this 
exclusive right of the commission to examine and decide its amount 
and validity, attached with it. From that moment the Spanish tribu- 
nals had no more ri^ht to examine or pass, in any manner upon the 
claims, than the' tribunals of the United States had to examine and 
pass upon them before the signature of the treaty. This provision 
imported no distrust in the justice or integrity of the Spanish tribu- 
nals. It followed, as an indispensable consequence, from the engage- 
ment contracted by the United States to pay the claims. 

By the treaty itself, and by the full power of Don Luis de Ouis, its 
negotiator on the part of Spain, his Catholic Majesty was bound to 
ratify the treaty so that the ratifications should be exchanged within 
six months from the day of its signature* Had this engagement been 
performed, Mr. Meade's claims would have remained in the same 
state in which they had been on the day of the signature of the treaty ». 
unsettled and unliquidated. Mr. Meade's claims were not provided 
for by name, nor had ai»y mention of them been made in the course of 
the negotiation. The Spanish Government was, at that time, m fas? 



[23 



258 



from admitting that Mr. Meade had any just claim upon them, that 
they had hut xery recently, at the earnest and peremptory interposition 
of the Government of the United States, released him from imprison 
meut, as a defaulter to them. 

The treaty remaining unratified by his Catholic Majesty, and, as 
Mr. Anduaga affirms, there being no probability that it would be ra- 
tified, long after the period had expired, when he had promised, on 
his royal word, that it should be ratified, the Minister of the United 
States at Madrid, at the earnest and repeated solicitations of Mr. 
Meade, certainly did urge the Spanish Government to adjust, liqui- 
date, and satisfy his claims. From the nature of these claims, his 
learned counsel in this country have since drawn it in question, whe- 
ther the Government of the United States had any right to interpose 
with that of Spain in relation to them at all, and upon this question de- 
pends the other, before noticed, whether Spain could, by treaty, trans- 
fer to the United States her own obligation to pay those claims. They 
were claims which Mr. Meade had acquired, not in his neutral cha- 
racter as a citizen of the United States, but as a voluntary contractor 
with the Spanish Government, while residing in their territory, and 
living under their allegiance. They were, therefore, unquestionably,, 
much less entitled to the interference of the American Government, 
than the great mass of the claims provided for by the treaty; claims 
for wrongs suffered by citizens of the United States, in their genuine 
character as such; for wrongs, in the origin of which there was no 
voluntary agency of their own, no forfeiture of their neutral rights, 
no resort but to the perfect obligation of their own Government to 
support them. Had the Spanish Government, at the time when the 
Minister of the United States interposed in behalf of this claim, taken 
the ground of argument since assumed by Mr. Meade and his coun- 
sel; had they said, this is a claim in which the Government of the 
United States have no right to interfere, a question upon contracts 
between Mr. Meade and us, while living in our territories, and ame- 
nable to our Saws; undoubtedly, by the principles of the rights and 
duties of nations, universally recognized, Mr. Meade and the Ame- 
rican Government must fain have put up with this answer as conclu- 
sive, and Mr. Meade's claim could never have been pretended to be 
included in the provisions of the treaty. 

But no such ground was then taken either by the Spanish Govern- 
ment, or by Mr Meade. So little was his reliance upon the justice 
of the Government with which he had contracted, and under whose 
protection he dwelt, without the effectual interposition in his favor, 
of the Government under which he had been born, that his intreaties 
for the interposition of the American Minister and Government, in 
favor of his claims, were urgent and unceasing. To this interposition 
the Spanish Government did not object. Mr. Meade desired that 
provision for his claim should be made in the treaty which was then 
negotiating, and made known this desire to the Government of the 
United States. He was informed, in answer, that, if the treaty 
should be concluded^his claims would be considered and attended to 



254 L 2 1 

as far as might be practicable, in common with the others: and, to this 
arrangement he never suggested an objection, till after the ratifica- 
tion of the treaty by Spain, nor until just at the moment before its 
second ratification by the United States. He, then, to be sure, and 
then, for the first time, addressed the President and Senate of the 
United States, calling upon them to refuse the ratification of a treaty 
in which the only possible indemnity of many hundreds of their fellow 
citizens for their losses, to the amount of five millions of dol- 
lars was secured; or to make the ratification conditional, that 
another article should be added, by which his claim, not as exist- 
ing at the time of the signature of the treaty, but as many months 
after that compact ought to kave been ratified by Spain, liquidated 
by Spanish officers, before the Spanish ratification of the treaty* 
should be paid to the full amount as acknowledged by them, and with- 
out being- subject, like all the other claims, to the honest investiga- 
tion and scrutiny of the American Commissioners: and the principal 
argument urged by Mr. Meade's counsel in support of this demand, 
that the American Government should sacrifice the acquisition of the 
Floridas, and five millions of dollars of indemnities justly due to their 
citizens, whose right to the effectual support of their country was 
perfect, was, that lis claim was of a nature that the American Govern- 
ment had no right to interpose with Spain in its favor at all.. 

If the claims of Mr. Meade, upan Spain? were included among those 
provided for by the treaty, it was \n common with all the others, to 
be treated like all the others, anU *to abide the same issue with the 
others. Such was the clear unequivocal intention of both parties to, 
the treaty; nor could the American Government, in equal justice to 
all the claimants, have negotiated upon any other principle. The 
amount of claims exhibited to them, to be provided for by the treaty,. 
as stated by the claimants themselves, was nearly ten times the five 
millions which they agreed that the people of the United States should 
pay, from the proceeds of the Florida lands, to discharge them. But 
it was well understood that many of the claims were not even valid 
against Spain; that most of them were swollen, by the statements, far 
beyond what, upon a fair examination, would be found to be due;, 
that equitable deductions, from equitable claims, would reduce almost 
all of them within very contracted dimensions; and that, for the 
whole mass of them, the only hope of the claimants was in the muni- 
ficence of the treaty. They were all, by the terms of the treaty, un- 
settled claims. Their just amount could then be only judged of by 
an estimate, in many respects conjectural, but it was believed, upon, 
considerations, duly weighed, that, when stripped of all their appen- 
dages to naked justice, five millions of dollars would be sufficient to 
cover them all. As they were to be paid by the people of the United 
States, it was the duty of the Government to allow no larger sum 
than would be sufficient, in rigorous justice, to discharge them. It 
might happen that even the just and indisputable claims would 
amount to something more. In that case, the claimants must consi- 
der it as a composition of their claims, the best that their Govern- 
ment has been able to obtain for them; and it was not doubted that 






m 



25S 



they who had been from one to twenty years waiting, with very little 
probability of ever obtaining, any tiling for their claims, would be 
more than contented to receive, so nearly, all that they could have 
asked, and to abandon to their country the small remainder for the 
salvage of the rest- But to render this principle compatible with 
justice to all parties, it was indispensable that all the claims should 
be placed upon the same footing; that all should be subjected to the 
close, vigilant, and rigorous scrutiny and investigation of an up- 
right and intelligent commission of American citizens; that all should 
he alike submitted to their examination and decision, and that no 
transaction between the Spanish Government and any one of the 
claimants, subsequent to the signature, hut before the ratification of 
the treaty, should alter the character of his claim, and give him 
an advantage, at the expense of the people of the United States, and 
of all the other claimants under the treaty. If the American Govern- 
ment could have admitted any discrimination between the claims, 
and that any one should have been priviledged above the rest, Mr. 
Meade's claim, if the present argument of his learned counsel is 
sound, would have been th& very lowest on the list, and the least 
entitled to favor. Since most, if not all the rest, were claims, which 
the American Government had been, from the beginning, bound, by 
the duty of protection to. the rights of their own citizens, to support 
and maintain, even, if necessary, to the issuing of reprisals, while 
that of Mr. Meade, incurred voluntarily by himself, with the Spa- 
nish Government, while domiciliated in Spain, and by transactions of 
no neutral character, was of a nature to leave it doubtful whether the 
American Government had ever possessed the right of interposing in 
its behalf at all. 

The interest taken, therefore, by the American Minister at Madrid, 
in Mr. Meade's favor, by urging on the Spanish Government the 
settlement of his claims; the satisfaction that he expressed after the li- 
quidation had been obtained; the letter of congratulation from the 
American Secretary of State to Mr. Meade, upon the event, when 
informed of it by him, have not the slightest bearing upon this argu- 
ment. The answer to all tins is furnished by Mr. Anduaga, when 
he says, " There was, then, no probability that, the Treaty would be 
ratified by Spain." The American Minister and Secretary of State 
expected that what the Spanish Tribunals had liquidated and settled, 
the Spanish Government would pay. They knew perfectly well 
that no interests of the People of the United States, or of the other 
claimants upon Spain, could be injuriously affected by this Spanish 
liquidation of Mr. Meade's claims. If the Treaty should be ratified, 
and Mr. Meade should be receivable as a claimant under it, they 
knew that his claims could be admitted only as provided for by the 
Treaty, and that no intermediate transaction between him and the 
Spanish Government could be evidence of his claims, as they had 
existed and been exhibited at the signature of the Treaty. That no 
decision of a Spanish tribunal could settle that which the Treaty, in 
express terms, reserved to the exclusive decision of the American 



258 [ 2 J 

Commission. If the Treaty should not be ratified, they rejoiced 
that their exertions in his favor had been so far successful; that he 
had a nearer prospect of obtaining satisfaction from the Spanish Go- 
vernment itself. Their pleasure was that of a benevolent and friend- 
ly feeling towards Mr. Meade. But the American Government had 
duties of a more imperious nature to others— to the People of the 
United States, and to all their fellow citizens, the other claimants 
upon Spain. To them it was due, that, if the Treaty should be rati- 
fied, and Mr. Meade be a claimant, under it, his claim should stand 
on the same foundation, and pass through the same ordeal with the/ 
rest. The American Government knew that it was so stipulated in 
the Treaty, and they little expected the pretension, that, by this se- 
parate transaction bet ween him and the Spanish Government, the 
Treaty being yet unratified, the nature of the engagements of the 
United States, in it was changed, if it ever shouid be ratified; that 
they would be bound to receive, as settled, claims which they had 
engaged to receive, as unsettled, and to take the dictum of a Spanish 
tribunal, as the decision which the Treaty had trusted exclusively to 
an American Commission. 

Mr. Meade, himself, and the learned counsel whom he has em- 
ployed, in this country, know better. They were the first to doubt 
whether his claims were provided for by the Treaty at all- They 
clearly saw that, if provided for. it was only upon the same terms 
and upon the same conditions with all the rest. His memorial to the 
President of the United States, objecting to the ratification of the 
Treaty, was on the avowed and only ground that it had not provided 
for the satisfaction of his claims He demanded that the ratification 
of the Treaty shouid be refused, or given upon condition, that a new 
article should be added, providing for the payment, in full, of his 
claims; that the Floridas should be sacrificed, and the only hopes of 
many hundreds of other claimants blasted, that lie might be sure to re- 
ceive, at the expense of the United States, payment, to the last ma- 
ravedi, of what a Spanish tribunal had, since the Treaty was con- 
cluded, awarded him, as a debt due to him from Spain. His memorial 
insisted that neither Spain nor the United States had ever possessed 
the right of making, between themselves, a composition of his claims; 
and without being aware, or mindful, that if this position was true, 
the irresistible conclusion from it was, that they were not included in 
the treaty at all, and remained in full force against Spain, as if the 
Treaty had never been made, he yet required that the United States 
should make the ratification of this Treaty conditional upon the as- 
sent of Spain to another, by which his claims should be distinguished 
from all the rest; admitted without asking questions, and paid with- 
out the deduction of a mille. And the principal argument for this 
moderate proposal was, that his claims upon Spain were such, that the 
American Government has never possessed the right of interfering, 
to support them against Spain, at all. 

Thus Mr. Meade, himself, and his learned counsel, first raised the ques- 
tion, whether his claims were included among those provided for by the 



12] 



257 



Treaty, 9 and, if they failed of convincing the President and Senate of 
the United States of the propriety of withholding the ratification of 
the Treaty which they had made, to exact the consent of Spain to 
another, which they had not made, they conclusively proved, that the 
United States had never been under obligations of negotiating with 
Spain concerning them .at all; and gave plausible color, at least, to 
the belief, that his claims, not being embraced by the provisions 
of the Treaty, remained in all their force, acknowledged and unim- 
paired, to be paid, without deduction or compromise, from the Trea- 
sury of Spain. 

But, after the ratifications of the Treaty had been exchanged, and 
after the Commission instituted under it was organized, Mr. Meade 
produced before them his claims, as being among those provided for 
by the Treaty; and when the Commissioners, in the discharge of their 
duty to their country, and to all the other claimants whose rights and 
interests were involved in the decision — when the Commissioners, 
yielding to the force of arguments which had been most, strenuously 
urged by Mr- Meade, himself, and counsel— when the Commissioners, 
seeing in the Treaty, which was their law, no mention of Mr. Meade's 
claim, by name, and no description of claims, within which it could, as 
a settled and liquidated claim, be embraced — when the Commissioners, 
men of high and irreproachable character, with the oath of God upon 
their souls, with no evidence before them, but such as the Treaty 
must exclude, and no argument but that of Mr. Meade, and of his 
counsel, excluding his claim from the Treaty — when these Commis- 
sioners but intimated an opinion that Mr. Meade's claims were not 
among those submitted by the treaty to their decision, the basest and 
most inflammatory anonymous newspaper publications, issued from a 
prostituted press, for the apparent purpose of intimidating, by defa- 
mation, the members of a judicial tribunal, from the discharge of their 
trust, according to the conviction of their consciences. 

Mr. Meade then, too, resorted to the Spanish Minister in this coun- 
try, for his testimony to prove that it had been the intention of the 
Spanish Government to include his claim among those which were 
provided for by the Treaty. That Spanish Minister was not the 
negotiator, of the Treaty, nor could he, more than any other person, 
testify to the intention of the Spanish Government any otherwise 
than as appeared on the face of the Treaty itself. It has already 
been said, that, during the negotiation of the Treaty, neither the name, 
iior the claim of Mr. Meade had ever been mentioned between the 
negotiators; and that, when it was signed, the Spanish Government 
fiad never admitted that lie had a valid claim upon them for so much 
as a dollar. Mr. Anduaga did, however, furnish Mr. Meade with 
bis opinion, that Mr. Mead ^ claim Was embraced by the Treaty, 
and that opinion was laid before the Commissioners. Other claims 
were also presented to them, involving the same question, whether 
contracts of the Spanish Government had been among the cases pro- 
vided for by the Treaty; and, at the application of one of the suitors, 
they addressed a letter to the Secretary of State, suggesting their 
" 41 



258 [ 2 ] 



impressions, that claims of that description, which the America 
Government had never been under any obligation to enforce, and in 
favor of which even their right to interfere might be questioned, 
were not included in the Treaty, the main and obvious object of 
which was to obtain indemnity for the wrongs of American citizens, 
entitled, beyond ali question, to the full protection of their Govern- 
ment. This letter was laid before the President of the United States, 
by whose direction the answer was returned, which was conformable 
to the truth of the facts, and this formed the correspondence, which 
you state to have been communicated by Mr. Meade to Mr. Andua- 
ga. and by him to your Government. 

In concluding the Treaty, the American Government was well 
aware, and the Spanish Government could not be ignorant, that, by 
the laws of eternal justice, a nation has, no more than an individual, 
the right of discharging itself from the obligation of its contracts, by 
the agreement of a third party to assume them, without the consent, 
express or implied, of the party, (whether nation or individual) with 
whom the contract was made. 

The parties to the Treaty well knew, also, that contracts, and li- 
quidated, acknowledged debts are not, in their nature, subjects of 
Negotiation; especially not of negotiation between one of the parties, 
with a third party, not privy to the contract The duty of a nation, 
bound by such a contract, is not negotiation, but performance. 

They likewise knew, that with regard to the contracts of an indi- 
vidual, born in one country, with the Government of another, most 
especially when the individual contracting is domiciliated in the 
country with whose Government he contracts, and formed the con- 
tract voluntarily, for his own private emolument, and without the 
privity of the nation under whose protection he had been born, he 
has no claim whatsoever to call upon the Government of his nativity 
to espouse his claim, this Government having no right to compel that 
with which he voluntary contracted to the performance of that con- 
tract. 

But unacknowledged, unsettled, unliquidated claims, form the na- 
tural subject of negotiation; and of all negotiation, the necessary and 
essential character is compromise. Of such claims, whether origi- 
nating in contract or in wrong, the very application of an individual, 
to one Government, to assist him in the enforcement of his claims 
upon another, imports, of itself, the consciousness that he cannot 
obtain his claims without that assistance, and makes them at once a 
hubject of negotiation and compromise. 

For such unliquidated claims, alone, provision was made by the 5th 
renunciation of the United States in the ninth Article of the Treaty 
of 22d February, 1819; which, by its terms, is limited to claims of 
citizens of the United States upon the Spanish Government, state- 
ments of which* soliciting the interposition of the Government of the 
United States, had been exhibited since the convention of 1802, and 
wntil the signature of the Treaty. 

Mr. Meade was a citizen of the United States, who, since the 






[21 -259 

convention of 1802, and before the signature of the Treaty, had so- 
licited the interposition of the Government of the United States, and 
Lad presented some general statement of part of his claims. He bad 
specially desired that they should be included in the negotiation of 
the Treaty, and had been informed of the only terms upon which 
they would or could be considered in that negotiation; in common 
with the other claims for which it was to provide. They were and 
could be known to the American Government, only as unsettled and 
disputed claims, and the right to negotiate a compromise for them, 
in common with the rest, founded upon his own solicitation, and the 
acquiescence of Spain, was not for a moment questioned; but, as an 
acknowledged claim, the amount and validity of which was known 
and admitted, and about which the United States and Spain had no 
right to negotiate between themselves a compromise, not sanctioned 
by him, it certainly was not included, nor ever intended to be includ- 
ed in the Treaty. From the moment that Spain considers it as such, 
she contracts the obligation of discharging it, herself, as a contract, 
the compromise of which neither she, nor the United States, could 
rightfully negotiate between themselves, without the privity of Mr. 
Meade, and which, not having been so negotiated, she, Spain, is 
bound, in honor and in justice to him, to discharge, to the last far- 
thing, from her ow r n Treasury. 

This is what Spain can perform without injustice to others. But you 
will perceive, at a glance, that the Government of the United States 
could not, without the grossest injustice to their nation, and to all 
the other claimants, under the treaty, admit that a transaction be- 
tween Spanish tribunals and Mr. Meade, between the signature and 
ratification of the treaty, should change the nature of the compact 
between the United States and Spain, control the express terms of the 
treaty itself, and bind the commissioners, charged with the duty of 
ascertaining and deciding the amount and validity of unliquidated 
claims, to take an acknowledgment in 1820, as evidence of the con- 
dition ©fa claim in 1819. The sum stipulated for payment, by the 
United States, of all the claims assumed, was limited to five millions 
of dollars. The amount due upon the whole mass might ultimately 
be found less, or it might exceed that sum. If it should prove less, 
the balance would be so much less of debt to he paid by the people of 
the United States. If more, a proportional deduction from the sum 
awarded to every claimant must be made, each of wijoui must make 
this small sacrifice, to the adjustment of all these long standing, per- 
plexed, disputed, and, I may safely say, otherwise desperate demands- 
Those of Mr. Meade, in February, 1819, were assuredly not less 
desperate than the rest. To allow that a Spanish tribunal, long af- 
ter the treaty ought to have been ratified, and while Spam retained 
the power of ratifying or rejecting it, should select this claim of Mr. 
Meade from all the rest, to invest it with the exclusive and invidious 
exemption from the scrutiny to which ail others must be subjected* 
that it should be taken out of the treaty for examination and settle- 
ment, and cast back upon the treaty for payment in full; that it 



S66 [2] 

should be screened from all. investigation, and privileged from at| 
proportionable deduction; that the people of the United States and 
the fund devoted to the just indemnity of many hundred claimants* 
should be doubly ransomed, to satisfy the plenitude of that claim, 
and in reverence to the dignity of tribunals, which, under the treaty* 
had no right to pass upon it at all, would be as wide from all the du- 
ties of the American Government, as from the dictates of justice, and 
as far from its present intentions, as from those of either party to the 
treaty, at the time of its conclusion. 

It was intended, by the Government of the United States, that 
Mr. Meade's claims, as then exhibited to them, unsettled, disputed 
claims, of a mixed character, for contracts; for losses upon exchange; 
for depreciation of Spanish Government paper*; for interest, and for 
damages, all, except the first, of most uncertain amount and validi- 
ty, should, in common with the other claims provided for, have the 
benefit of the treaty. But no stipulation of special favor to the claims 
of Mr. Meade, at the expense of other claimants, was, or could be, 
intended by the Government of the United States. The claim pre- 
sented by Mr. Meade to the commissioners, is for an acknowledged 
debt from the Spanish Government to him, dated May, 1820, and di- 
rected to be paid out of the funds of the royal finance department, with 
interest. To say that this is not the claim which, in February, 1819, 
the United States had renounced and agreed to compound, would be 
to say that daylight is not darkness. Mr. Meade might, with as 
much propriety, have purchased in the market, at its current price, 
any other order upon the funds of the royal finance department, 
and brought it before the commissioners as a claim provided for by 
the treaty, as he could this order — a part of the sum constituting 
which, was for interest accrued after the treaty had been signed* 

GT the obligation of the Spanish Government to pay Mr. Meade, 
ilbitli interest, the whole amount of this sum, acknowledged by its own 
tribunals to be due. there can be no doubt. But it is equally clear 
that it is not the debt which, in February, 1819, the United States 
had agreed to assume, to consider as cancelled, and to discharge. It 
Was not the claim which had been exhibited, or had even existed, in 
February, 1819. It was a claim of a totally distinct and different 
character. It was a new obligation of Spain, for which no provision 
had been made by the treaty, and with which the United States 
could not, without injustice to themselves, and to all the other claim- 
ants, be charged. 

By the intention of including Mr. Meade's claims among those 
provided for by the treaty, at the time of its negotiation, the Ameri- 
can Government had shewn its kindness towards him to the utmost 
verge of its compatibility with their duties to others. Mr Meade's 
claims, as then existing, however meritorious as against Spain, were 
far from being, against the United States, as deserving as many 
others with which they were to share the benefit of the treaty. They 
were claims, part of which were for supplies to support the Ally of 
Spain, then, or very shortly after, the enemy of the United States; 



[2] 



261 



3UppTie9 to maintain a cause to. which, so far as concerned Spain, the 
United States were neutral, but which, by its inseparable connection, 
"with Great Britain, was the cause of that nation against Mr. Meade's 
country. There was no one point of view in which those claims could 
be considered, that gave them a title to the special favor or support of 
the American Government, or nation, and by extending to them the 
advantages of a composition which they were enabled to effect with 
Spain, of numerous other, and far more meritorious claims, in mean- 
ing to do equal justice to all, they perhaps did moi'e than justice to 
Mr. Meade. 

While, therefore, your position, that the Spanish nation was cer- 
tainly responsible (to Mr. Meade) for the total amount of the acknow- 
ledged debt is indisputable, His Catholic Majesty will find, by fur- 
ther examination of the treaty, that the Government of the United 
States did not take upon itself, bij the latter ratification of the treaty y 
nor ever, in any other manner, this debt. The fifth renunciation of 
the ninth article of the treaty, neither did, nor could, nor was ever 
intended to, include this debt. And the latter ratification of the 
United States, neither did, nor could, in the slightest degree, alter 
the character of the obligation which the United States had contract- 
ed on the face of the treaty, on the 22d o£ February, I8I9. The 
fifth renunciation, upon its face, and by its terms, was limited to 
claims stated, but unsettled, of uncertain amount and validity^ as 
existing at the signature of the treaty. The ratification of the United 
States could no more change the import of this renunciation, than it 
could change the words in which it was expressed. The 4th article 
of the treaty reserves the examination and decision of the amount and 
validity of all the claims assumed by the United States, for the exclu- 
sive cognizance of a commission of American citizens; and whoever 
appears before them, as a claimant under the treaty, must abide by 
their decision, conformably to the treaty. For all subsequent en- 
gagements, contracts, and debts of the Spanish Government, whether 
with Mr. Meade, or with any other claimants, Spain, and not the 
United States, is chargeable. If Mr. Meade claims the benefit of the 
treaty, by the treaty must he submit to be judged; and, according to 
the terms of the treaty, must he receive his indemnity. If he means 
to resort to engagements, or debte, subsequently contracted, or to the 
decisions of Spanish tribunals, to Spain alone must he have recourse 
for satisfaction. This conclusion cannot be departed from by the 
Government of the United States. It is due to the plain intent and 
unequivocal language of the treaty; — it is due to the rights and in- 
terests of the People of the United States ; — it is due to those of many 
hundreds of their citizens, whose demands upon the justice of Spain 
■were at least as strong and clear, and whose right to the support and 
protection of their country was, at least, more perfect and unequivo- 
cal, than those of Mr. Meade. Special, unstipulated favor to him* 
would be flagrant injustice to them. 

When, therefore, in the conclusion of your letter, you beforehand 
solemnly and respectlully protest against any decision of the commis- 



362 I 2 ] 

sioners appointed in virtue of the treaty, which invalidates, in any man- 
ner, the acknowledgment made by your Government ofthefotoidebtof 
Mr. Meade, agreeably to the certificate which they sent to him in 
consequence, and which you state to be in possession of the commis- 
sioners, I am directed to say in answer: First, That the Government 
of the United States have, no more than the Government of Spain, 
the right or authority to dictate or control the decisions of the com- 
missioners appointed by virtue of the treaty of the 22d of February, 
1819; and that, as the United States will not assume, themselves, 
so they will not suffer, from Spain, the exercise of any such dictation 
or control, alike repugnant to the principles of impartial justice, and 
to that judicial independence, which con.stitutes the excellence and 
the glory of the institutions, both of this country and of Spain. 

And, secondly, That there neither has been, nor is there reason t<> 
expect, any decision of the commissioners, to invalidate, in any man- 
ner, any acknowledgment, by your Government, of the total debt to 
Mr. Meade ; the validity of any such acknowledgment being, like 
the obligation which it imports, for the exclusive cognizance of the 
Spanish Government itself, and importing neither obligation nor au- 
thority, for which the United States are answerable, or the charge 
of which they have ever consented to assume. 

I pray you, sir, to accept the assurance of my distinguished con- 
sideration. 

JOHN QUINCY ADAMS. 
Don HlLARIO DE Rivas y Salmon, 

Charge d'affaires from Spain. 



( No. 32. ) 
Mr. Brent to Mr, Salmon. 

Department of State, 

fVashington, September 22, 1824. . 

Sir: I was directed by the Secretary of State, before his late de- 
parture from this city, to furnish the Attorney of the United States 
for the Eastern District of Pennsylvania with an extract from your 
letter to him of the 16th of August, and, at the same time, to request 
that officer to adopt stich measures as might be deemed advisable to 
the preservation of the neutrality of the United States, and the vindi- 
cation of their laws, in reference to certain armaments which you 
state to have been already prepared, and to others which are now 
preparing in the port of Philadelphia, for the use and on account of 
some of the South American States in the contest in which they are 
engaged with Spain; and I lost no time in complying with the Secre- 
tary's instructions. 

I have the honor now, sir, to transmit to you a copy of Mr. Inger- 
soll, the District Attorney's letter, in answer to the one which I 
addressed to him in pursuance of the Secretary's instructions, includ- 



[2] 



2iVS 



ing a short correspondence between himself and the (\Hector of the 
Customs at Philadelphia, which I flatter myself will pKye abund- 
antly satisfactory as to the armaments in question, alreadyVnt forth 
from the port of Philadelphia, and entirely remove any appreli\ 1s ions 
which you may entertain, with regard to those which are in a\ a j n 
of preparation at the same port. \ 

I pray you, sir, to accept the assurance of my very distinguished 
consideration. 

DANIEL BRENT. 
Don Hilario be Rivas y Salmon, 

Charge d'affaires from Spain* 



(No. 33.) 

Don Hilario de Rivas y Salmon, to Mr. Brent 

[translation.] 

Legation of Spain, 

Philadelphia, 29th Sept. 1824. 

Sir: I have had the honor of receiving your note, in absence of 
Mr. Adams, in answer to mine of the 16th of August last, relative 
to the illegal armaments which have been made in this port, on ac- 
count of the separated governments of Spanish America. 

I shall, as soon as possible, transmit its contents to my Govern- 
ment; but I cannot say that it will be so satisfactory as you flatter 
yourself, as, at the very time that you were writing that note, three 
of the twelve gun-boats, which I said were building on account of the 
Colombian Government, were dropping down the river, and two more 
have sailed since ; all despatched in the name of a Mr. H. Somers, 
scarcely known in this place. It is true, as I have been informed, 
the custom-house did not permit them to take on board the armament 
which they had prepared, close by the very arsenal of the United States : 
but this is of little moment because they can easily send this arma- 
ment in another vessel as ballast. They run no risk in doing this, 
as they have done it before on many occasions. I do not understand, 
however, that the custom-house has used more rigor with these 
Colombian vessels, than with those despatched by Mr. Meade to 
Mexico; because, if by chance there was any difference in the force 
or armament, between these vessels and the former, they were stronger 
than those just sailed: and if the custom house do not consider can- 
non of very large calibre? and upon pivots, as an armament, bat as 
mere signal guns, as it appears the guns which these vessels ought to 
carry will be signal gnus, as those were which the others carried ;■ 
and, in this case, it will be cruelty to prevent those that sail now from 
carrying them, as well as the others mounted on deck, that they may 
be ready in case of need. But you will be pleased to observe, that, 
if said artillery were embarked for the sole purpose of signals, there 



264 [2] 

could be no necessity for each boat carrying two pieces, nor for then 
being of s» large a calibre as from 24 to 32 pounders, much less for 
any of tfetn being on pivots; because, for making signals, it is not 
neces.^T to take aim, which is the only intention of a pivot-gun. It 
is tr be observed, that the Fiscal (or Attorney General) of the United 
grates for this district, was unable to obtain the legal proofs which 
ne sought from the different persons employed by the custom house, 
whose information it was easy to anticipate; because, it is to be sup- 
posed, that, if they had considered said armaments as illegal, they 
would not have been wanting to their duty in permitting them to sail 
with them. Upon the whole, it appears by their correspondence with 
the said Fiscal, that they were not entirely ignorant by whom, and 
for whom, these gun-boats were building. Neither are they fit for 
trade, nor can it be presumed that either Mr. Meade, or Mr. Barry, 
who have retired from business, would make use of them. This, alone, 
in my opinion, ought to have infused a suspicion, founded on the real 
object which they had, and was a just cause for detaining them, to 
investigate the case with certainty. The ten gun boats, which Mr. 
Meade despatched in this port, are not the only vessels which he has 
got built in the United States on account of the Government of Mex- 
ico. According to information which I have, very worthy of credit, 
he has caused some more to be built in Baltimore, although, there, his 
name has not been mentioned. One of them, now called the i < Yguala," 
detains vessels of the United States themselves, which go to the ports 
of Mexico, as I have lately seen in the newspapers. Another, called 
" ,#fta/ma?, w a most beautiful schooner of 238 tons, came here before 
going to Mexico, carrying the armament in the hold, which consisted 
of twelve cannons, 18 pounders, with their carriages, besides other 
arms and oars, &c. She was despatched from hence with some cargo, 
by Mr. R. Adams, under the command of one Whigman, and at 
present is in New York, now with the Mexican flag. Her present 
captain, Cochrane, is a native of that port, where, likewise, his family 
resides. 

The Colombian privateer, " the General Santander." of which J 
made mention in the note which you answer, a little after, came into 
Norfolk, with a crew of 250 men, who only speak English; and al- 
though he who at present commands her is not now Chase, but one 
Northhuf, likewise a citizen of the United States, a native of 
Connecticut. In that port he recruited men, and augmented his force 
with four officers, and the crew of another Colombian privateer that 
was in Baltimore, and belongs to Daniels, of whom I also spoke, at 
that time. Being thus supplied, he sailed, to cruize off New York, 
where there is a Spanish vessel, which cannot sail without great risk 
of falling into his power. Thus it maybe said, that Spanish ves- 
sels seem blockaded in the ports of the United States themselves, 
through the agency of their citizens. The Consul of Spain gave in- 
formation of this to the competent authorities, that they might put a 
stop to it ; but all excused themselves, saying they could not do it— 
that the laws upon this point were not sufficiently positive and clear.. 
The same thing was told to the acting Vice Consul of Spain, in Charles- 



[ 2 ] 265 

stop to it; but ail excused themselves, saying they could not do it; that 
the laws upon this point were not sufficiently positive and clear. The 
same thing was told to the acting Vice Consul of Spain in Charles- 
ton- on another occasion, by the Marshal of the United States in that 
district, (whose original letter I have in my possession ;) and Mr. In- 
gersoll gives the same understanding, in his correspondence, which 
you now enclose to me. Bui as I have already said before, His 
Catholic Majesty has nothing to do with the peculiar laws of this 
country. They, such as they are, are the exclusive work of the 
Unjie.il States, and Spain, in this point only, ought to attend to the 
treaties 

But how do the United States fulfil these treaties with Spain? If 
His Majes y v s representative have recourse to the Federal Govern- 
ment to prevent the armaments which the citizens of the United 
States fit out to commit hostilities upon the Spanish commerce under 
insurgent banners, he is told, that there are laws which have respect 
to the treaties, and tribunals which put them in force, and that it is 
necessary to apply to them, When, in virtue of this, His Majesty's 
consuls apply to those tribunals, requesting the punishment of such 
citizens as have applied for, and accepted, commissions from Govern- 
ments, enemies of His Catholic Majesty, they declare that they have 
no jurisdiction for it. When they request of the custom houses (or 
other authorities) the detention of vessels built, armed, and manned, 
in this country, on account of those governments, or of individuals 
who attempt hostilities against Spain; they answer, that the luws 
are not sufficiently clear, and that they have not sufficient authority. 
If said vessels carry the armament in the hold, it is called baUist 
If the artillery is mounted on deck, it is to make signals only. The 
consequence is, that these vessels and armaments , and citizens of the 
United States sail publicly and without any risk, and that they con- 
tinue making innumerable prizes, and cause immense losses to the 
Spanish nation. 

Permit me sir, to make another important observation. A learn- 
ed man, so eminent as Mr. Ingersoll> charged with the execution of 
the laws of the United States, ought not to be ignorant of them: and 
when he says, that he does not know, in the present case, another 
law applicable to it, but the act of Congress of the 20th of April, 
1813, it is to be believed that there is no other. But if, in effect, 
there be no more law than this for preventing the armaments which 
are made here, and punishing the citizens of the United States, who, 
with commissions of foreign states or governments, make war on his 
Catholic Majesty, the irresistible consequence is, that the laws of the 
United States contradict one another. Because here we have one 
law, which is the present act, which prescribes to the courts an arbi- 
trary punishment, to the decision of the judges, of only fine and im- 
prisonment to the citizens, for instance who accept and make use of 
commissions of any state or government at war with a power at peace 
with the United States? whilst there is another, sanctioned at the same 
time also by Congress, which are the treaties with Spain, which 
42 



266 [ 2 "] 

point out a determinate punishment against those delinquents, and it 
is that of death, because they are called pirates. To which of these 
two laws, differing upon the same case, ought the tribunals to have 
recourse? They cannot depart from the letter of the law, nor impose 
the punishment of death, if they hold to the former, which prescribes 
onlv fine and imprisonment. I will not conceal from you, sir, that if, 
in the United States, there is no other law than the act rited by Mr. 
Ingersoll respecting illegal armaments, I have few hopes that the fe- 
deral government can, with it alone, duly fulfil the existing treaties 
with Spain, although it should recommend the greatest vigilance to 
the local authorities. Besides, such an act appears to me little ser- 
viceable and insufficient for the effect. The officers of the custom- 
house may, in virtue of this act. detain a vessel which they know or 
sus "ect to carry an illegal armament; but what responsibility have 
they if they do not? I see none. What obligation have they to in- 
quire into these armaments? None. They are not ordered to take 
this trouble Who will come to inform them of what is passing? No 
citizen of the United States has an interest in doing it; rather the 
co trary. What then signifies this act, which appears so completely 
to defeat the intention of the \4th article of the treaty of 1795, with 
Spain? Can it be said that Congress, at the passing of said act, did 
not bear the treaties in mind? or, will it be said (and may be even 
much worse) that it knew it, but that still it addressed the tribunals 
in other words the following for example: 

M The treaties which we have with Spain call such of our citizens 
pirates as with foreign commissions, make war upon her; and. con- 
sequently, they incur, thereupon, the penalty of death. But we de- 
clare by this, that you ought not to fulfil this part of the treaty. 
The Government of the United States, who concurred with Spain in 
imposing upon them a punishment so severe, atrocious, and dispro- 
portions! to the offence, was wanting to its duty, and to the confi- 
dence of the nation which it governs. The Senate, which approved 
the treaty at that time, was not worthy of us, who. as being more il- 
lustrious, establish other laws more rational and humane. His Ca- 
tholic Majesty will be very well satisfied with imposing upon these 
delinquents a fine and imprisonment, at your pleasure. To diminish 
the punishment is not to change the treaty." 

The consequences of such a doctrine would be fatal. What would 
succeed if other nations should follow this example? England has 
just made a convention with the United States, as appears, relative 
to the abolition of the slave trade. If any of the two contracting par- 
ties should, afterwards, alter the punishment of those who are declar- 
ed pirates would not this be to change the essence of their stipula- 
tions, and in fact to annul such convention? It would be utterly to 
destroy the treaties which bind nations, if it were permitted to alter 
them in this manner, by the particular legislation of each. Thus, then, 
it is not possible to expect this immoral and Machiavelian language 
from any government of the civilized world; and it would be doing 
the greatest injury to the respectable and august Congress of the 



[ 2 ] 267 

United States, to believe that it would, on any occasion, alter, inten- 
tionally, the literal sense of the treaties; in the religious fulfilment ot 
which its own honor is concerned. Whatever may be the defect' 
which may he observed in the act of the 20th of April, and what hu- 
man law has not defects!) I am well persuaded that the intention was 
not to alter, as appears at first view, but, on the contrary, to enforce 
the fulfilment of the stipulations of the treaty referred to with Spain, 
although experience has proved that that noble object has not been 
realized, as we see by the infractions which still continue to be com- 
mitted in spite of it; and that the officers of the United Stales, them- 
selves, do not hit upon the proper means of fulfilling it, and interpret 
it in different ways, to the incalculable loss of Spain. 

I have just received a letter from Charleston, an extract of which 
I have the honor to enclose, which will give you some idea how con- 
siderable these losses and damages must be. You will be pleased to 
remark, that that port was one of those which the privateers of which 
I complain frequented less till now: but the evil is spreading, and 
augments, in an extraordinary degree every day, doubtless, because 
they see how little they have to fear in this country the consequences 
of their shameful intrigues. The privateer named the « Padilla," 
of which it speaks, was last in the same port of Charleston, com- 
manded apparently by a Frenchman, called Uaverac, but the true 
captain was (and when she sailed commanded her) one Bradford, a 
native of the United States; (as well as, also, were a great part of the 
crew which she carried,) and having there surreptitiously augment- 
ed their number, returned to cruize against the Spaniards. Only 
since I sent my last note to Mr, Jldams, two more Spanish prizes 
have entered, which I know into the ports of this Union. One is 
the brig " Cazador" of which the enclosed letter speaks, and another 
is the schooner " Tereza." which has gone into Savannah to the care 
v,f one Bureily a prize of the same privateer, the «• PoUtj Hampton." 
Such privateers, availing themselves of various pretexts and subter- 
fuges, easily dispose of their robberies here. This is public and no- 
torious, and there is no cause to conceal it, if they see that it can be 
done with impunity. And, in truth, how can they cease to see this, 
if even the newspapers of the same United States publish and cele^ 
brate the part which they take against Spain, in the war with the re- 
volted governments of her America, not as if it were some private 
and obscure citizen of the United States, but even men of the greatest 
distinction for their talents and rank in society, and officers of the 
very government. The enclosed newspaper, which came to my hands 
a little after having sent my last note to Mr. Jdams, is an undeniable 
proof of this. By it you will see, sir, that a Consul General of the 
United States, putting himself at the head of a body of insurgents in 
South America, has been, probably, the cause of his Catholic Majes- 
ty losing one of his best kingdoms. 

I have been more diffuse in my thoughts, with the view of letting 
you know how little good has been produced by the means hitherto 
taken by the federal government, to prevent tjie armaments of which 



268 [ 2 3 

I co iplaiu, and you supposed there was no reason to fear in future* 
whilst they were stilJ continuing to carry them on. I will conclude 
by requesting that you will be pleased to inform the President i>f it, 
in order that, if he sees fit, he may adopt other means, more efficacious 
and satisfactory to his Catholic Majesty. J should be very happy, 
if on this occasion, I could assure his Majesty that the correct inten- 
tions of the President would in future be realized, and that he had 
no reason to fear the sailing of more armaments from the ports of 
the United States against the Spanish trade. 

In the mean time. I have much satisfaction in the honor of offer- 
ing to you the assurances of my respect and attentive consideration. 

HILARIO.DE rivas y salmon. 



(No. 33— a.) 

Copy communicated' with Mr. Salmon's letter to Mr. Daniel Brent, of 
29th September, 1824. 

Charleston, 1 9th September* 1824. 

66 One vessel had been fitted out of this port to cruize against the 
property of Spaniards; she was a sloop, called "Amelia" Said 
vessel was captured by the Spanish. 

•* Several vessels arrived in this port, under the insurgent flag- have 
augmented their force in aims and men. This may be ascertained 
b> sonje persons who shipped them; one, however, who was very in- 
strumental in this business, died a few days ago of the yellow fever. 

♦•There have, and continue to arrive, prizes taken by vessels un- 
der the insurgent Hags, who come in and pretend distress, and get 
liberty to sell a sufficient quantity to defray expenses, or repairs, &c. 
under which permission they generally sell greater part of their 
plunder. This is the general impression. 

•• Yesterday arrived the Spanish brig " Caxcdor," Williams, with 
sugar, leather, corn, &c prize to the Colombian armed schooner 
*• Polly Hampton. 9 ' Captain Natty, captured four weeks since off 
Ha\ana, in distress, leaky, bound to Cumana, Spanish Maine* having 
sprung aleak on the 14th inst This is a very likely story. 

" Ought to be taken into consideration, Mr. Ortega's application 
to. 'the District Judge for process, to have the property, taken by the 
* 6 Fadilla" restored: she having made captures contrary to the law 
of nations, which he refused hearing. 

"One of the prizes of the '* Centella" being run ashore at Key 
West, with an understanding of a certain Captain Appleby, part of 
the cargo was sent here to Mr. Street & Co- say, value about Si 5,- 
000, sugar, segars, cochinelle, indigo, &c.j the remainder was sold 
by the Captain of the schooner, at public auction; with which cir- 
Ctmistance, I believe you are acquainted/* 



t»3 



269 



(No. 34.) 

Extract of the General Instructions, JV*o. 1, from Mr. Adams, Secretary 
of State, to Mr. Nelson, Minister Plenipotentiary to Spain, dated 

Department of State, 

Washington, ZUh April, 1823. 

"The critical and convulsed condition of Spain, may indeed bring- 
forth man) incidents, now unforeseen, and upon which the President 
relies upon your own judgment for the course which, under them, you 
will find it prudent to pursue. But, with regard to the ordinary re- 
lations between the two countries, there are various objects upon which 
I now proceed to request your attention. 

The renewal of the war, in Venezuela, has been signalised, on 
the part of the Spanish commanders, by proclamations of blockade, 
unwarranted by the laws of nations, and by decrees, regardless of 
those of humanity. With no other naval force than a single frigate, 
a brig, and a schooner, employed in transporting supplies from Cura- 
coa to Porto Cabello, they have presumed to declare a blockade of 
more than twelve hundred miles of coast. To this outrage, upon all 
the rights of neutrality, they have added the absurd pretension of in- 
terdicting the peaceable commerce of other nations, with all the ports 
of the Spanish main, upon the pretence that it had, heretofore, been 
forbidden by the Spanish colonial laws: and, on the strength of these 
two inadmissible principles, they have issued commissions, at Porto 
Cabello, and in the island of Porto Rico, to a swarm of privateers, 
which have committed extensive and ruinous depredations upon the 
lawful commerce of the United States, as well as upon that of other 
nations; and, particularly, of Great Britain. 

It was impossible that neutral nations should submit to such a sys- 
tem; the execution of which has been as strongly marked with vio- 
lence and cruelty, as was its origin with injustice. Repeated remon- 
strances against it have been made to the Spanish Government, and 
it became necessary to give the protection of our naval force to the 
commerce of the United States, exposed to these depredations. 

By the act of Congress, of 3d March, 1819, "to protect the com- 
merce of the United States, and punish the crime of piracy," the 
President was authorized to iastruct the commanders of the public 
armed vessels of the United States to take any armed vessel " whiclv 
shall have attempted or committed any piratical aggression, search, 
restraint, depredation, or seizure, upon any vessel of the United 
States, or of the citizens thereof, or upon any other vessel; and, also, 
to retake any vessel of the United States, or its-citizens, which may 
have been unlawfully captured upon the high seas." 

A copy of this act, and of the instructions from the Navy Depart- 
ment, to the officers who have been charged with the execution of it, 
are herewith furnished you. The instructions will enable you to 
show how cautiously this government, while affording the protection 
due to the lawful commerce of the nation, has guarded against the 
ihft'ingement of the rights of all others. 



270 [ 2 ] 

The privateers from Porto Rico and Porto Cabello, have been, by 
their conduct, distinguishable from pirates, only by commissions of 
most equivocal character from Spanish officers, whose authority to 
issue them, has never been shown: and they have committed outrages 
and depredations which no commission could divest of the piratical 
character. During the same period, swarms of pirates, and of pira- 
tical vessels, without pretence or color of commission have issued 
from the Island of Cuba, and the immediate neighborhood of the 
Havana, differing so little in the composition of their crews and their 
conduct from the privateers of Porto Cabello and Porto Rico, as to 
leave little distinction other than that of being disavowed, between 
them. These piracies have now been for years continued, under the 
immediate observation of the government of the Island of Cuba; 
which, as well as the Spanish government, has been repeatedly and 
ineffectually required to suppress them. Many of them have been 
committed by boats, within the very harbors, and close upon the 
shores, of the Island. When pursued by superior force the pirates 
have escaped to the shores: and twelve months have elapsed since 
the late Captain General Mahy refused to Captain Biddle the per- 
mission to land even upon the desert and uninhabited parts of the 
Island, where they should seek refuse from his pursuit. Governor 
Mahy at the same time declared that he had taken the necessary mea- 
sures to defend his territorial jurisdiction, and for the apprehension 
of every description of outlaws- 

Governor Mahy is since deceased; but neither the measures which 
he had then taken, nor any since adopted by the government of the 
Island, have proved effectual to suppress, or in any manner even to 
restrain the pirates. From the most respectable testimony we are 
informed that these atrocious robberies are committed by persons 
well known, and that the traffic in their plunder is carried on with 
the utmost notoriety. They are sometimes committed by vessels 
equipped as merchant vessels, and which clear out as such from the 
Havana. It has also been remarked, that they cautiously avoid mo- 
lesting Spanish vessels, but attack without discrimination the defence- 
less vessels of all other nations. You will see by a letter from Lieut. 
Gregory to the Secretary of the Navy (p. 64 of the printed docu- 
ments) that a large portion of the crews of the Porto Rico priva- 
teers consist of these same pirates from Cuba 

In November last, a gallant officer of the Navy, Lieutenant Allen 
lost his life in a conflict with some of these pirates; and an armament 
was immediately afterwards fitted out, and is now on the spot, under 
the command of Commodore Porter for the defence and protection 
of our commerce against them. Notice was despatched of this 
movement, to Mr. Forsyth, by a special messenger, m January last, 
with instructions to him to require of the Spanish government the 
permission to land in case of necessity, in pursuit of the robbers. 
Copies of the instructions from the Secretary of the- Navy are here- 
with furnished. From this statement of facts, it is apparent that the 
naval officers of the United States, who have been instructed to pro- 



123 



271 



tect our commerce in that quarter, have been brought in conflict with 
two descriptions of unlawful captors of our merchant vessels, the 
acknowledged and disavowed pirates of Cuba, and the ostensibly 
commissioned privateers from Porto Rico and Porto Cabello; and 
that in both cases, the actual depredators have been of the same 
class of Spanish subjects, and often probably the same persons. The 
consequence has been, that several of the commissioned privateers 
have been taken by our cruisers; and that, in one instance, a mer- 
chant vessel belonging to the Havana, but charged upon oath of two 
persons as having been the vessel from which a vessel of the United 
States had been robbed, has been brought into port and is now at 
Norfolk, to be tried at the next session of the District Court of the 
United States In all these cases, the Spanish minister, Anduaga, 
has addressed to this Department complaints and remonstrances, in 
language so exceptionable, that it precluded the possibility of an 
amicable discussion of the subject with him. In some of the cases, 
explanations have been transmitted to Mr. Forsyth to be given in a 
spirit of amity and conciliation to the Spanish government. But as 
your mission affords a favorable opportunity for a full and candid 
exposition of them all, copies of the correspondence with Mr. An- 
duaga, relating to them, are annexed to these instructions, to which 
I add upon each case of complaint, the following remarks: 

1. The first is the case of a man named Escandell, prizemaster of 
a Dutch. vessel called the Neptune, taken by a privateer armed in 
Porto Cabello, called the Vergen del Carmen, and retaken by the 
United States' armed brig Spark, then commanded by Captain John H. 
Elton, since deceased. From the report of Captain Elton, it appears, 
1st. That the Dutch vessel had been taken within the territorial ju- 
risdiction of the Dutch island of Curracoa. 2d. That he, Captain 
Elton, delivered her up to the Governor of the Island of Aruba. 
3d. That he retook her, as a vessel piratically captured, the prize- 
master, Escandell, having produced to him no papers whatsoever. He 
therefore brought him, and the prize crew, to Charleston, S. C. where 
'they were prosecuted as pirates. 

Mr. Anduaga' s first letter to me on this case was dated the 24th of 
July, 1822, enclosing a copy of a letter from Escandell, to the Spanish 
Vice-Consul at Charleston, invoking his protection; Escandell being 
then in prison, and under an indictment for piracy. He solicits the 
interposition of the Vice-Consul, that he may obtain from the Captain 
General of the Havana, and the commanding officer at Porto Cabello, 
documents to prove that he was lawfully commissioned : and he al- 
leges, that the captain of the privateer had furnished him with a 
document, to carry the prize into Porto Cavello; that he did deliver 
this document to Captain Elton, who concealed it from the court at 
Charleston ; that Elton and his officers well knew that he, Escandell, 
was commissioned by the King of Spain, and had assisted at the dis- 
embarking of General La Torre, with the privateer and the prize, but 
that Elton had withheld his knowledge of these facts from the Grand- 
Jury. Mr. Anduaga's letter to me noticed this contradiction between 



272 [ 2 ] 

the statement of Captain Elton, and the declaration of Escandell, 
and requested that the trial at Charleston might be postponed till he 
could receive answers from the Cpatain-General of the Havana, and 
the commandant of Porto Cavello, to whom he had written, to obtain 
the documents necessary to prove the legality of the capture. This 
was accordingly done. 

This letter of Mr. Anduaga was unexceptionable in its purport ; 
but, on the 17th of October, he addressed me a second, enclosing the 
papers which he had received from Porto Cavello, and assuming a 
style of vituperation, not only against Captain Elton, then very re- 
cently dead, but against the Navy in general, the Government, and 
even the people of the United States, which required the exertion of 
some forbearance to avoid sending it back to him, as unsuitable to be 
received at this Department from a foreign minister. 

It was the more unwarrantable, because, while assuming, as proved, 
against an officer of the United States, no longer living, to justify 
himself, that he had concealed documents furnished him by Escandell, 
he declares it ** evident, that not the public service, but avarice, and 
the atrocious desire of sacrificing upon a gibbet the lives of some in- 
nocent citizens of a friendly power, were the moving principles of 
this commanders conduct." To those who personally knew Captain 
Elton, what language could reply in terms of indignation adequate 
to the un worthiness of this charge? And how shall I now express a 
suitable sense of it, when I say that it was advanced without^, shadow 
of proof, upon the mere original assertion of Escandell, made in the 
most suspicious manner, and which the very documents fr.nn Porto 
Cavello tended rather to disprove than to sustain. 

It was made, I say, in the most suspicious manner: for. in his 
affidavit before the Clerk of the United States' Court at Charleston, 
made on the 8th of June, 1822, where he might have been confronted 
by Captain Elton and the officers of the Spark. Escandell had not 
even hinted at this concealment of his papers, by Captain Elton, or 
pretended that he had produced any to him. But, after he had been 
arraigned upon the indictment, and after the Court had, at the motion 
of his counsel, postponed his trial to the next term, for the express 
purpose of giving him time to obtain proof that he had been commis- 
sioned, in a secret letter to Castro, the owner of the privateer, at 
Porto Cavello, and in another to the Spanish Vice Consul at Charles- 
ton he makes these scandalous allegations against Captain Elton, at 
times and places where he could not be present to refute them. That 
the documents from i*o:to Cahello, transmitted to Mr. Anduaga, 
tended rather to disprove than to sustain them, you will perceive by 
an examination of the translations of them herewith furnished you. 
The only documents among them showing the authority under which 
Escandell, when captured by Captain Elton, had possession of the 
Neptune, is a copy of the commission of the privateer Virgin del 
Carmen, which had taken the Neptune, and a declaration by the 
captain of the privateer, Lorenzo Puyol, that, on capturing the 
Neptune, he had put Escandell as prize- master, and six men. on 
board of her, ordering her into the port of Cavello, and furnishing 



m 



278 



Escandell with the documents necessary for his voyage. No copy of 
these documents is produced; and the declaration of this Captain 
Puyol, himself, is signed only with a cross, he not knowing how to 
write his name. 

It is conceived that the only admissible evidence of EscandelPs 7 
regular authority as prize master of a captured vessel, would have 
been an authenticated copy of the document itself, furnished him by 
Puyol. The extreme ignorance of this man, who appears, on the 
face of his own declaration unable to write his own name, raises 
more than a presumption that he knew as little what could be a re- 
gular document for a prize master; and is by no means calculated to 
give confidence to his declaration as a substitute for the authentic 
copy of the document itself. The absurdity of the imputation of ava* 
ricious motives to Capt Elton, is demonstrated by the fact, that he 
delivered up the prize, which was a Dutch vessel, to the governor of 
Aruba, and to her original captain: and as to that of his having 
concealed Escandell's papers, to bring him and six innocent seamen 
to a gibbet, I can even now notice it only to leave to the candor of 
the Spanish government whether it ought ever to be answered. 

Copies are herewith furnished of Captain Elton's report of this 
transaction to the Secretary of the Navy; of the agreement by which 
the Neptune was by him delivered up to the Dutch commandant at 
the Island of Aruba, Thielen; and of the receipt given by her origi- 
nal captain, Reinar Romer, to whom she was restored. In these 
documents you will see it expressly stipulated, both by the Dutch 
commandant and by Captain Romer, that the " vessel and cargo, or 
the value thereof, should be returned to any legal authority of the 
United States of America, or to the Spanish government, or prize 
claimants, in due course of the laws of nations" You will find, also, 
that, iri the document signed by Captain Romer, he expressly de- 
clares that the persons by whom he had been captured purported to 
belong to a Spanish felucca privateer, but. not having any credentials 
or authority to cruise upon the high seas with them, he supposes them 
to have been pirates* 

This declaration of Romer himself is directly contradictory to the 
assertion, which Escandcll, in his affidavit at Charleston, on the 8th. 
of June, 1822, pretends that Captain Romer made to the boarding 
officer from the Shark, in answer to his inquiries whether Escandell 
and his men were pirates. Escandell says that Romer answered, they 
were not; Romer himself says that he supposes they were. 

You will remark that, in the copy of Escandell's affidavit, transmit- 
ted by Mr. Anduaga to the Department of State, the name of the 
Dutch Captain of the Neptune is written Itcinas Buman, apparently 
by mistake in the copy. The name, as signed by himself, is, Reinar 
Romer. 

On a review of the whole transaction, as demonstrated by these docu- 
ments, it will be seen that the conduct of Captain Elton was fair, ho- 
norable, cautiously regardful of the possible rights of the captors and 
Spanish Government, and eminently disinterested. He retook the 
43 



274 [ 2 ] 

Neptune, a f)utch vessel, at the request of an officer of the Dutch 
Government. He hail already known and protected her as a neu- 
tral, before. He restored her to her Captain, without claiming sal- 
vage, and upon the sole condition that the Dutch Governor should re- 
store to their owners, citizens of the United States, the proceeds of a 
vessel and cargo, also wrongfully captured by a Spanish privateer, 
and which had been brought within his jurisdiction. And he provided, 
that, if the capture of the Neptune should eventually prove to have 
been lawfully made, the Dutch commandant and the Captain of .the 
Neptune himself should be responsible to the Spanish and American 
Governments and to the captors, for the result. 

I have entered into this detail of the evidence in this case, not only 
to give you the means of satisfying the Spanish Government, that the 
complaints of Mr. Anduaga, against Captain Elton, were as ground- 
less in substance, as they were unjust to him, and disrespectful to this. 
Government and nation in form; but to vindicate from unmerited re- 
proach the memory of a gallant officer, of whose faithful and valua- 
ble services his country had been deprived, by death, only twenty days 
before these dishonorable imputations were cast upon him by Mr. 
Anduaga. 

The harshness and precipitation of that Minister's judgment in 
preferring this complaint, is the more remarkable, inasmuch as he 
avows, in that very note, the opinion that the bare word, without 
proof, of a merchant captain, is not evidence sufficient to furnish even 
apreiext to the naval officers of the United States, to attack the armed 
vessel, by which he had been plundered. If the word of the captain 
of a merchant vessel, supported by his oath, were of such trivial ac- 
count, of what weight in the scale of testimony, is the bare word of a 
captain of a privateer, who cannot write his name, to prove the exist- 
ence and authority of a written or printed document, pretended to 
have been given by himself. 

If the capture of the Neptune by Puyol, had been lawful, her own- 
ers would at this day possess the means of recovering indemnity for 
their loss by the recapture, in the written engagements of the Dutch 
Commandant Thieleman, and of captain Romer. But it was not 
lawful. By the documents transmitted by Mr. Anduaga, it appears, 
that a part of the cargo of the Neptune, after her capture by the 
Virgen del Carman, had been transhipped to another vessel, and 
that, at Porto Cavello, it was condemned by captain Lavorde, com- 
mander of the Spanish frigate Ligera, who had issued the privateer's 
commission, and then sat as Judge of the Admiralty Court upon the 
prize. And the sole ground of condemnation assigned, is the breach 
of the pretended blockade by the Neptune, and her trading with the 
Independent Patriots. You will remark the great irregularity, and 
incompatibility with the principles of general justice, as well as of 
the Spanish Constitution, that one and the same person should be act- 
ing at once in the capactity of a naval officer, of a magistrate issuing 
commissions to privateers, and of a judge to decide upon the prizes 
taken by them. 



m 



275 



But the whole foundation of his decision is a nullity. The block- 
ade was a public wrong. The interdiction of all trade was an outrage 
upon the rights of all neutral nations; and the resort to two expedients, 
bears on its face the demonstration, that they who assumed them both 
had no reliance upon the justice of either: for, if the interdiction of all 
neutral trade with the Independents were lawful, there was neither use 
nor necessity for the blockade; and if the blockade were lawful, there 
could be as little occasion or pretence for the interdiction of the trade. 
The correctness of this reasoning can no longer be contested by the 
Spanish Government itself. The blockade and interdiction of trade 
have, from the first notice of them, not only bsm denounced and pro- 
tested against by the Government and officer's of the United States, 
but by those of Great Britain, even when the ally of Spain, and who 
has not yet acknowledged the independence of the revolted colonics. 
The consequences of these pretensions have been still more serious to 
Spain, since they terminated in a formal notification by the British 
Government, that they had issued orders of reprisal to their squad- 
rons in the West Indies, to capture ail Spanish vessels, until satisfac- 
tion should be made for the property of all British subjects, taken or 
detained under color of this preposterous blockade and interdiction. 
And Spain has formally pledged herself to make this demanded re- 
paration. 

2. The second cause of complaint, by Mr. Anduaga, upon which 
I have to animadvert, is that of tSic capture of the Porto Rico privateer 
Palmyra, by the United States' armed schooner Grampus, Lieutenant 
Gregory, Commander. 

With his letter of the nth October, 1852, Mr. Anduaga trans- 
mitted copies of a letter from the Captain of the privateer Escurra, 
to the Spanish Consul at Charleston, dated the 16th of September, 
1822, and of sundry depositions taken at Porto Rico, from seamen 
who had belonged to her, relating to the capture. The account of the 
transaction given by Lieutenant Gregory is among the documents 
transmitted to Congress, with the President's message, at the com- 
mencement of the last session, pp. 62, 63, 64, to which I refer. The 
subject is yet before the competent judicial tribunal of this country. 

The Captain and seamen of the Palmyra, with the exception of 
those charged with the robbery of the Coquette, were discharged by a 
decree of the District Court of the United States at Charleston, and 
the vessel was restored to her Captain; but the Judge, (Drayton, since 
deceased.) in giving this decree, declared that Lieutenant Gregory had 
been fully justified in th& capture. By a decree of the Circuit Court 
of the same district, heavy damages were awarded against Lieutenant 
Gregory; from which sentence there is an appeal pending before the 
Supreme Judicial Court of the United States. Whatever their final 
decision may be, -the character, of the Court is a sure warrant that it 
will be given with every regard due to the rights and interests of all 
the parties concerned; and the most perfect reliance may be placed 
upon its justice, impartiality, and independence. The decision of the 
Circuit Court; indeed, would imply some censure upon the conduct 



276 [ 2 3 

of Lieutenant Gregory, and may be represented as giving support to 
the complaints of the Spanish Minister against him. But it is the 
opinion of a single Judge, in direct opposition to that of his colleague 
on the same bench, and liable to the revisal and correction of the Su- 
preme Tribunal. It is marked with two principles, upon which it 
may be fairly presumed the judgment of the Supreme Court will be 
more in accord with that of the District. The justification of Lieut. 
Gregory, for taking and sending in the Palmyra, rests upon two im- 
portant facts; first, the robbery committed by part of her crew, swor» 
to by Captain Souther, of the schooner Coquette, and confirmed by 
the oaths other mate and two of her seamen; and, secondly, that at 
the time of her capture she had commenced the firing upon the Gram- 
pus, by a full volley from small-arms and cannon. But, as thejfad of the 
robbery from theCoqucttc was not in rigorously judicial evidence before 
the Circuit Court, the Judge declared that, although he had no doubt 
the fact was true, yet, in the absence of the evidence to prove it, he 
must officially decide that it was false; and, as to the circumstance of 
the first fire, as the Spanish and American testimony were in contra- 
diction to each other, he should set them both aside, and form his deci- 
sion upon other principles. If, indeed, Lieut. Gregory is ultimately 
to be deprived of the benefit of these two facts, he will be left judicially 
without justification. But, considered with reference to the discharge 
of his duty as an officer of the United States, if the declaration of 
Captain Souther, taken upon oath, confirmed by those of his mate and 
two of his men, was not competent testimony upon which he was bound 
to act, upon what evidence could an officer of the navy ever dare to 
execute his instructions and the law, by rescuing or protecting from 
the robbers of the sea, the property of his fellow-citizens? 

The robbery of the Coquette, by the boat's crew from the Palmyra, 
is assuredly sufficiently proved, for all other than judicial purposes, 
by the fact, which was in evidence before the District Court, that 
the memorandum book, sworn by John Peabody, junior, mate of the 
Coquette, to have been taken from him, together with clothing, was 
actually found in a bag with clothing, on board the Palmyra. 

In answering Mr. Anduaga's letter of 1 lth October, I transmitted 
to him a copy of the printed decree of Judge Drayton, in which the 
most material facts relating to the case, and the principles applicable 
to it, upon which his decision was given, are set forth. Some addition- 
al facts are disclosed in a statement published by Lieut. Gregory, 
highly important to this discussion, inasmuch as they identify a por- 
tion of the crew of the Palmyra, with a gang of the Cape Antonio pi- 
rates, and with an establishment of the same character which had 
before been broken u\) by that officer. 

In a long and elaborate reply to my letter, dated the 1 lth of Decem- 
ber 1822, Mr. AnduagR, without contesting the fact that the Coquette 
had been robbed by the boarding crew from the Palmira, objects to 
the decision of Judge Drayton, as if, by detaining for trial the indivi- 
dual seamen belonging to the Palmira, charged with the robbery, it 
assumed a jurisdiction, disclaimed by the very acknowledgment that 



m 



277 



the privateer was lawfully commissioned, and sanctioned the right of 
search, so long and so strenuously resisted by the American Govern- 
ment. In this reply, too, Mr. Anduaga attempts, by laborious argu- 
ment to maintain, to the fullest and most unqualified extent, the right 
of the Spanish privateers to capture, and of the Spanish prize-courts 
to condemn, all vessels, of every other nation, trading with any of the 
ports of the Independent Patriots of South America, because, under 
the old colonial laws of Spain, that trade had been prohibited. And 
with the consistency of candor at least, he explicitly says that the de- 
crees issued by the Spanish Commanders on the Main, under the name 
of blockades, were not properly so called, but were mere enforce- 
ments of the antediluvian colonial exclusions : and such were the in- 
structions under which the Palmyra, and all the other privateers from 
Port Rico and Port Cavello, have been cruising. Is it surprising 
that the final answer of Great Britain to this pretension was an or- 
der of reprisals? or that, under the laws of the United States, it has 
brought their naval officers in conflict of actual hostility with privateers 
so commissioned and so instructed ? The Spanish Government have 
for many years had notice, both from Great Britain and from the 
United States, that they considered as rightful the peaceful commerce 
cf their people, with the ports in possession of the Independent Pat- 
riots. Spain herself has opened most of those, of which her forces 
have been able to retain or to recover the possession. The blockades 
proclamed by General Morillo, in 1815, were coupled with this same 
absurd pretension : they were formally protested against by the Go* 
vernment of the United States ; and wherever Morillo obtained posses- 
sion, he himself immediately opened the port to foreign and neutral 
commerce. 

Mr. Anduaga seems to have had much confided nee in the conclu- 
siveness of his reasoning, in this letter of 11th December: for, with- 
out considering the character of our institutions, which have commit- 
ted to the Executive authority all communications with the Ministers 
of foreign powers, he permitted himself the request, that the President 
would communicate it to Congress; without having the apology for 
this indiscretion, which, on a prior occasion, he had alleged for a like 
request, namely, that it was in answer to letters from this Department 
which had been communicated to the Legislature. In the former case 
he was indulged, by compliance with his request. In the latter it was 
passed over without notice. But Mr. Anduaga was determined that 
his argument should come before the public, and sent a copy of it to 
the Havana, where it was published in the newspapers, whence it has 
been translated, and inserted in some of our public journals. 

The British order of reprisals ; the appropriation by the Cortes of 
40 millions of reals for reparation, to British subjects, of damages 
sustained by them, in part from capture and condemnation of their 
property, under this absurd pretension; and the formal revocation 
by the King of Spain, of these unlawful blockades; will, it is presum- 
ed, supersede the necessity of a serious argument in reply to that of 
Mr. Anduaga upon this point. It is in vain for Spain to. pretend tfcatj 



278 [ 2 ] 

• 
during the existence of a civil war, in which, by the universal law of 
nations, both parties have equal rights, with reference to foreign'na- 
tions, she can enforce against all neutrals, by the siezure and condem- 
nation of their property, the laws of colonial monopoly and prohibi- 
tions, by which they had been excluded from commercial intercourse 
with the colonies before the existence of tta war, and when her pos- 
session and authority were alike undisputed. And if, at any stage of 
the war, this pretension could have been advanced with any color of 
reason, it waspre-eminentlynugatory, on the renewal of the war, after 
the formal treaty between Morillo and Bolivar, and the express 
stipulation which it contained, that, if the war should be renewed, it 
should be conducted on the principles applicable to wars between in- 
dependent nations, and not on the disgusting and sanguinary doctrine 
of suppressing rebellion. 

As little foundation is there for the inference drawn by Mr. Anduaga, 
from the decree of the District Judge admitting the Palmyra to have 
been lawfully commissioned as a privateer, but detaining, for trial, the 
portion of her crew charged with the robbery from the Coquette, that 
it sanctions the right of search, against which the United States have 
so long and so constantly protested: for, in the fiest place, the Unit- 
ed States have never disputed the belligerant right of search, as re- 
cognized, and universally practiced, conformably to the laws of na- 
tions. They have disputed the right of belligerents, under color of 
the right of search for contraband of war, to seize and carry away 
inen 9 at the discretion of the boarding officer, without trial, and with- 
out appeal; men 9 not as contraband of war, or belonging to the enemy, 
but as subjects, real or pretended, of the belligerant himself, and to 
be used by him against his enemy. It is the fraudulent abuse of the 
right of search, for purposes never recognized or admitted by the laws 
of nations; purposes, in their practical operation, of the deepest op- 
pression, and most crying injustice, that the United States have re- 
sisted, and will resist, and which warns them against assenting to 
the extension, in time of peace, of a right which experience has shewn 
to be liable to such gross perversion in time of war. And secondly: 
the Palmyra was taken for acts of piratical aggression and depreda- 
tion upon a vessel of the United States, and upon the property of their 
citizens. Acts of piratical aggression and depredation may be com- 
mitted by vessels having lawful commissions as privateers, and ma- 
ny such had been committed by the Palmyra. The act of robbery 
from the Coquette was, in every respect, piratical: for it was com- 
mitted while the privateer was under the Venezuelian flag, and un- 
der that flag she had fired upon the Coquette, and brought her too. 
It was piratical, therefore, not only as depredation of the property 
by the boat's crew, who took it away, but as aggression under the 
sanction of the captain of the privateer, who was exercising belliger- 
ant rights under false colors. To combat under any other flag than 
that of the nation by which she is commissioned, by the laws of na- 
tions, subjects a vessel, though lawfully commissioned, to seizure 
and condemnation as a pirate. (See Valin's Ordonnance de la Marine, 



m 



279 



vol. 2, p. 239.) And although the decree of the District Judge or- 
dered the restitution of the vessel to her captain, because it fyeld him 
to have been lawfully commissioned; neither did the law of nations 
require, nor would the law of the United States permit, that men, 
brought within the jurisdiction of the Court, and charged with pi- 
ratical depredations upon citizens of the United States, should be 
discharged and turned over to a foreign tribunal for trial, as was de- 
manded by Mr. Anduaga. They had been brought within the juris- 
diction of the Court, not by the exercise of any right of search, but 
as part of the crew of a vessel which had committed piratical depre- 
dations and aggressions upon vessels and citizens of the United 
States. The District Court, adjudging the commission of the priva- 
teer to have been lawful, and considering the gun fired, tinder the 
Venezuelan flag, to bring the Coquette too, though wrongful and un- 
warrantable, as not amounting rigorously to tiiat combat, which 
would have been complete piracy, discharged the captain and portion 
of the crew which had not been guilty of the robbery of the Coquette, 
but reserved for trial, the individuals charged with that act. 

The conduct of the Palmyra, for months before her capture, had 
been notoriously and flagrantly piratical. She had, in company with 
another privateer, named the Boves, both commanded by the same 
Captain Pablo Slanger, fired upon the United States' schooner Pur- 
poise, Captain Ramage, who abstained from returning the fire. For 
this act of unequivocal hostility. Captain Slanger's only apology to 
Captain Ramage was, that he had taken the Porpoise for a Patriot 
cruizer. (See documents with the President's message, of December, 
1822, p. 65.) Numbers of neutral vessels, of different nations, had 
been plundered by her; and among the affidavits made to Lieut. Gre- 
gory, at St» Thomas, was one of the master and mate of a French 
schooner, that she had been robbed by a boat's crew, from her, of a 
barrel of beef, and a barrel of rice. In the letter from Captain Es- 
curra to the Spanish Consul at Charleston, be admits the taking of 
these provisions, alleging that the master of the French vessel gave 
them to him, at his request. The affidavit of the French master and 
mate shews what sort of a gift it was, and is more coincident with 
all the other transactions of this privateer. 

In the same letter of 1 1th December, Mr. Anduaga, with more in- 
genuity then candor, attempts at once to raise a walL of separation 
between the pirates of Cuba and the privateersmen of Porto Rico and 
Porto Cavello, and to identify the pirates, not only with all those 
who, at a prior period, had abused the several independent flags of 
South America, but with the adventurers from the United States, who, 
at different times, have engaged in the patriot service; and he endeavors 
to blend them all with the foolish expedition of last summer against 
Porto Rico. While indulging his propensity to complain, he revives 
all the long exploded and groundless charges of his predecessors, in 
former years, and does not scruple to insinuate that the Cuba pirates 
themselves are North Americans from the United States. It is easy 
to discern and point out the fallacy of these endeavors to blend together 



280 £23 

thiugs totally distinct, and to discriminate between things that are 
identical. It is in proof, before our tribunals, in the case of the Palmyra 
itself, that some of the pirates of Cuba, and of the Porto Rico pri- 
vateersmen, are the same. Among the Cuba pirates that have been 
taken, as well by the vessels of the United States as by British cruisers* 
not one North American has been found. A number of those pirates 
have been executed at the Bahama Islands, and ten from one vessel at 
the Island of Jamaica, all Spanish subjects, and from the Spanish 
Islands.. Not a shadow of evidence has been seen that, among the Cuba 
pirates, a single citizen of the United States was to be found. 

As to the complaints of Mr. Anduaga's predecessors, meaning those 
of Don Luis de Onis, it might have been expected that we should hear 
no more of them, after the ratification of the Treaty of 1819. Whatever 
had been the merits of those complaints, full satisfaction for them all 
had been made by that Treaty to Spain, and was acknowledged by the 
ratification of the Spanish Government in October, 1820. Since that 
time, no complaints had been made by Mr. Anduaga's predecessors. 
It was reserved for him, as well to call up those phantoms from the 
dead, as to conjure new ones from the living. That supplies of every kind, 
including arms, and other implements of war, have been, in the way of 
lawful commerce, procured within the United States for the account of 
the South America Independents, and, at their expense and hazard, 
exported to them, is doubtless true. And Spain has enjoyed and 
availed herself of the same advantages, 

The neutrality of the United States has, throughout this contest- 
between Spain and South America, been cautiously and faithfully 
observed by their Government. But the complaints of Mr. Anduaga, 
as well as those of his predecessor, Mr. Onis, are founded upon erroneous 
views, and mistaken principles of neutrality. They assume that all 
commerce, even the most peaceful commerce of other nations, with the 
South Americans, is a violation of neutrality. And, while they assert 
this in principle, the Spanish commanders, in the few places where they 
yet hold authority, attempt to carry it into effect in a spirit worthy of 
itself. The decree of General Morales, of the 15th of Scpetember, 
1 822, as in perfect accord with the argument of Mr. Anduaga, on the 1 1th 
of December of the same year. The unconcerted but concurring 
solemn protests against the former, of the Dutch Governor of Curacoa 
fcantzlaar, of the British Admiral Rowley, and of our own Captain 
Spence, was but the chorus, of all human feeling revolting at the 
acts of which Mr. Anduaga's reasoning was the attempted jus- 
tification. 

3. The next case of complaint by Mr. Anduaga, is in a letter of 
the 23d of February last, against Lieutenant Wilkinson, commander 
of the United States' schooner Spark, for capturing, off the Havanna, a 
vessel called the Ninfa Catalana, or the Santissima Trinidad, 
Nicholas Garyole, master, and sending her into Norfolk. As there 
are reasons for believing that in this case Lieutenant Wilkinson acted 
upon erroneous information, a court of inquiry has been ordered 
tipon his conilnct, the result of which will be communicated to yon.. 



C*3 



281 



The Ninfa Gatalana remains ftuytrial at tire District Court to be held 
an the Eastern District of Virginia, in the course of the next month. 
Immediate 1 !) after receiving Mr. Anduaga's letter on the subject, I 
wrote to the Attorney of the United States for the District, instruct- 
ing him to obtain, if possible, an extraordinary session of the Court, 
thit the cause might be decided without delay; but the Judge de- 
clined appointing such session, unless all the witnesses summoned to 
the Court upon the case could be notified of it, which, not being prac- 
ticable, the short delay till the meeting of the regular session of the 
Court lias been unavoidable. You will assure the Spanish Govern- 
ment that the most impartial justice will be rendered to all the parties 
concerned, as well by the adjudication of the Admiralty Court as by 
the military inquiry on the conduct of Lieutenant Wilkinson. I 
ought to add, that no evidence hitherto has come to the knowledge of 
the Government, which has implicated the correctness of Lieutenant 
Wilkinson's intentions, or manifested any other motive than that of 
discharging his duty, and protecting the property of his feltow-citi- 
zenso 

4. The capture of the Spanish schooner Carmen, alias Gallego the 
Third, by the United States' sloop of war Peacock, Captain Cassin, 
lias furnished the fourth occasion for this class of Mr. Anduaga's 
remonstrances. 

There are two declarations, or depositions, made by the captaiik 
and persons who were on hoard of this vessel at the time of her cap* 
ture; one at Pensacola, and the other at New Orleans. The first, 
before the Notary, Jose Escaro, by Jacinto Correa, captain of the 
Gaiiega, thepilot,Ilamon Echavarria, boatswain Manuel Agacio, three 
sailors, and Juan Martin Ferrcyro, a passenger. All the witnesses* 
after the first, only confirm, in general and unqualified- terms, all his 
statements, although man.}- of the circumstances, asserted by him as 
facts, could not have been personally known to them, and others 
could not have been known to himself, but by hearing froM some of 
them. The protest, for example, avers, that, when first captured by 
the Peacock, Captain Correa, with his steward and cook, were taken 
nil- board that vessel ; and, while they were there, he represents va- 
rious disorders to have- been committed on board of his own vessel, 
by the boarding officer from the Peacock, though, by his own shewing, 
he was not present to witness them. His whole narrative is composed 
of alleged occurrences on board of three vessels, the Peacock, the 
Louisiana cutter, and the Gallega, and no discrimination is made 
between those of his own knowledge, and those winch he had heard 
from others. The second declaration was made before Antonio Argote 
Villalobos, Spanish Consul at New Orleans, only by Captain Correa 
and Echavarria, the mate, and gives an account of several other 
Spanish vessels, captured by the Peacock, while they were on board of 
that vessel as prisoners. A \ery inadequate reason is assigned by 
Captain Correa, for not having made it at the same time with the 
first, at Pensacola; and the whole purport of it is, to represent those 
other vessels which he had seen captured, as inoffensive unarmed ves« 
mis, and the capture of them by the Peacock as itself piratical, 

44 



282 [2] 

Copies of the proceedings of the courts at Pensacola, and at New- 
Orleans, upon these cases, are expected at this Department, and the 
substance of them will be duly communicated to you. 

In the mean time, the reports of Captain Cassin, of the Peacock, 
and of Captain Jackson, commander of the revenue cutter Louisiana, 
to the Navy Department, will give yon a very different, and doubt- 
less more correct account, of these transactions. 

There is a strong reason for believing that the Galiega did actually 
belong to the gang of pirates, of which those pretended inoffensive 
and unarmed vessels certainly formed a part; that Correa and Echa- 
varria were testifying in behalf of their accomplices: and their warm 
sympathy with those convicted pirates, is much more indicative of 
their own guilt, than of their belief in the innocence in the others. 

That the other vessels were piratical, is no longer a subject of 
question or dispute. Two of them were carried by Captain Cassin 
to the Havana, where one of them, a schooner of nine guns, was 
claimed by a lady, widow of a merchant in that city, as her property, 
and, at her application, supported by that of the Captain General. 
Was restored to her, upon payment of S 1000 salvage. The part of 
the cargo which had been saved, was sold in like manner, with the 
approbation of the Captain General. The vessel had been taken by 
the pirates but a few days before, and in retaking, and restoring her 
to the owner, Captain Cassin had not only rendered an important 
service to a Spanish subject, but taken from the pirates the means of 
committing more extensive and atrocious depredations. 

Among the articles found on board of these vessels, were some of 
female apparel, rent and blood-stained; and many other traces to 
deeds of horror, with which these desperate wretches are known to 
he familiar. The pirates had, when close pursued, abandoned their 
vessels, and escaped to the shore. They were pursued, but not dis- 
covered. The coffee was found hidden in the woods, and, with the 
vessel brought into New Orleans, has been regularly condemned by 
the sentence of the court. And these are the characters, and this the 
description of people, whom Captain Correa, and his mate Echevarria, 
represent, \n their declaration before the Spanish Consul at New 
Orleans, as innocent Spanish subjects, piratically plundered of their 
lawful property by Captain Cassin. And, upon such testimony as 
this, has Mr. Anduaga suffered himself to be instigated to a style of 
invective and reproach, not only against that officer, but against the 
officers of our navy generally; against the Government and 
people of this country, upon which, while pointing it out, and mark- 
ing its contrast with the real facts of the case, I forbear all further 
comment. 

Let it be admitted that the Catalan Nymph and the Gallega were 
lawful traders, and that, in capturing them as pirates, Lieutenant 
Wilkinson and Captain Cassin have been mistaken: that they had 
probable cause, sufficient for their justification, I cannot doubt, and am 
persuaded will, upon a full investigation of the cases, be made ap- 
parent. 

In the impartial consideration of this subject, it is necessary to 



[2] 



288 



advert to the character of these pirates, and to the circumstances 
which have made it sd difficult to distinguish between lawfully com- 
missioned and registered Spanish vessels and tlie pirates. 

The first of these has been the unlawful extent given to the com- 
missions and instructions of the privateers, avowed by the Spanish 
Government; an authority to take all commercial vessels bound to 
any of the ports in possession of the Patriots. The very assumption 
of this principle, and the countenance given to it by the adjudications 
of the Courts, was enough to kindle all the passions of lawless rapine 
in the maritime population of the islands. It was holding out to 
them the whole commerce of the neutral world as lawful prey. The 
next is the impunity with which those robberies have been committed 
in the very port of the Havana, and under the eye of the local Go- 
vernment. It is represented, and believed to be true, that many in- 
habitants of the city, merchants in respectable standing of society, 
are actively concerned in these transactions. That of the village of 
Regla, opposite the city, almost all the inhabitants are with public 
notoriety concerned in them. That some of the deepest criminals 
are known and pointed at — while the vigilance or energy of the 
Government is so deficient, that there is an open market for the sale 
of those fruits of robbery; and that threats of vengeance are heayd 
from the most abandoned of the culprits, against all who molest them 
in their nefarious and bloody career. 

The third is, that many of the piracies have been committed by 
merchants vessels, laden with cargoes. The Spanish vessels of that 
description, in the islands, ate all armed, and when taken by the 
pirates, are immediately converted to their own purposes. The 
schooner of nine guns taken by Captain Cassin, and restored to its 
owner in the Havana, affords one proof of this fact; and one of the 
most atrocious piracies committed upon citizens of the United States, 
was that upon the Ladies' Delight, by the Zaragosana, a vessel regu- 
larly cleared at the Havana as a merchant vessel. 

There are herewith furnished you, copies of the general instruc- 
tions from the Secretary of the Navy, given to all our naval officers, 
successively stationed in those seas, for the protection of our com- 
merce and for carrying into effect the laws against piracy and the 
slave trade, together with printed copies of those laws. They will 
enable you to present to the Spanish Government the most conclu- 
sive proof of the friendly sentiments towards Spain, and of the unde- 
viating regard to her rights which have constantly animated this 
Government, and effectually to counteract any representations of a 
different character, which may be made by Mr. Anduaga. 

In reflecting upon the conduct of this Minister during his resi- 
dence in the United States, it has been impossible to avoid the sus- 
picion that it has been instigated by a disposition, not more friendly 
to the existing liberal institutions of his own country, than to the 
harmonious intercourse, to which they were so well calculated to 
contribute, between the United States and Spain. 

From the time of the re-establishment in Spain of a Constitutional 
Government, the sympathies of this country have been warm, ear° 



UZi [ 2 ] 

nest, and unanimous in favor of her freedom and independence* The 
principles which she asserts and maintains are emphatically ours, 
and in the conflict with which, she is now threatened, for supporting 
them, a cordial good un.dei landing with us was as obviously the 
dictate of her policy, as it was the leading principle of ours This 
national sentiment has not heen silent or unobserved, ft was em- 
bodied and expressed in the most public and solemn manner in the 
message to Congress at the commencement of their last session, as 
will, be within your recollection The conduct of the Government 
has been invariably conformable to ft. The recognition of the South 
American Governments, flowing from the same principle which en- 
listed all our feelings in the cause of Spain, has been, in its effects, a 
mere formality* It has in no wise changed our actual relations, 
either with them or with Spain. All the European powers, even 
those which have hitherto, most strenuously denied the recognition in 
form, have treated, and will treat, the South Americans as indepen- 
dent in fact. By his protest against the formal acknowledgment, 
Mr. Anduaga had fulfilled his duties to his own Government, nor has 
any one circumstance arisen from that event which could require of 
him to recur to. it as a subject of difference between us and Spain 
attain. We have not been disposed to complain of his protest, nor 
even of his permanent residence at a distance from the seat of Go- 
vernment. But the avidity with which he has seized upon every in- 
cident which could cause unpleasant feelings between the two coun- 
tries; the bitterness with which his continual notes have endeavored 
to exasperate and envenom; the misrepresentations of others, which 
be has so precipitously assumed as undeniable facts; and the hinguago 
in which he has vented his reproaches upon the fair and honorable 
characters of our naval officers; upon the Government, and even the 
people of this Union; and, above all, the artifice by which he suffered 
the absurd and ridiculous expedition of.Dc.Goudray Holstein, to ob- 
tain some paltry supplies of men and arms in this country, without* 
giving notice of it to, this Government, when they might have effec- 
tually broken it up, leaving it unknown to us, till after its inevitable 
failure, when he could trumpet up as a premeditated hostility of 
ours against Spain, and a profligate project of invasion of her pos- 
sessions; are indications of a temper which we can trace to no source 
either of friendly feeling towards our country or of patriotic devotion 
to his own. It has the aspect of a deliberate purpose to strr up 
and inflame dissensions between the United States and Spain; to 
produce and cherish every means of alienation and distrust between 
them, with ultimate views to the counteraction of these differences. 
Upon the internal administration and Government of his own nation. 
It is hoped that he will, in no event, be permitted to return hither; 
and, in the full and just explanations which you will now be enabled 
to give upon every complaint exhibited by him while here, the Spa- 
nish Government will be satisfied with the justice, and convinced of 
the friendly disposition towards Spain, which have governed all our 
conduct. With the same spirit, and the just expectation that it will 
§e met with a reciprocal' reiura> you will represent to thcigi th^ 



en 



285 



claim of all the citizens of the United States, whose vessels and other 
property have been captured by the privateers from Porto Rico, and 
Porto Cavello, and condemned by the Courts of those places, for sup- 
posed breaches of the pretended blockade, or for trading with the 
South American Independents* Restitution or indemnity is due to 
them all; and is immediately due by the Spanish Government, inas- 
much as these injuries, having been sanctioned by the local authori- 
ties, military and civil, the sufferers in most of the cases can have no 
resort to the individuals hy whom the captures were made. A list of 
all the cases which have come yet to the knowledge of this Depart- 
ment, is now enclosed. There are probably many others. An agent 
will be shortly sent to collect, at the respective places, the evidence in 
all the cases not already known, and to obtain, as far as may be 
practicable, restitution by the local authoities. Whatever may be 
restored by them will diminish by so much the amount of claim upon 
the Spanish Government; which will be the more indisputable, as 
they have already admitted the justice, and made provision for the 
satisfaction, of claims of British subjects, which sprung from the 
same cause. 

Of the formal revocation of the Spanish Government of the nomi- 
nal blockade, the Governor of Porto Rico has given express notice to 
Commodore Porter. As a consequence of this, it is hoped that no 
more commissions for privateers will be issued. The recovation did, 
indeed, come at a critical time: for it cannot be too strongly impressed 
upon the Spanish Government, that all the causes of complaint, both 
by Spanish subjects against the navy officers of the United States, 
and by the citizens of the United States, with which you are now 
charged, proceeded directly, or as a consequence, from those spurious 
blockades. They were in violation of the laws of nations. They 
were in conflict with the law of Congress for protecting the commerce 
of the United States. It was impossible that ships of war of the 
United States, with commanders instructed to carry that law into 
execution, and Spanish privateers, commissioned and instructed to 
carry into effect the atrocious decree of General Morales, should meet 
and fulfil their respective instructions without hostile collision. The 
decree of Gen. Morales constituted all those Spanish subjects who acted 
under it, in a state of war de facto with all neutral nations; and, On the 
sea, it was a war of extermination against all neutral commerce It is 
to the responsibility of her own officers, therefore, that Spain must look 
for indemnity to the w T rongs endured by her own subjects, as neces- 
sary consequences of their official acts* as well as for the source of 
her obligation to indemnify all the innocent sufferers under them, 
who are entitled to the protection of other nations. You will take an 
immediate opportunity after your reception, to urge upon the Spanish 
Government the absolute necessity of a more vigorous and energetic 
exercise of the local authorities in the Island of Cuba, for the sup- 
pression of the piracies, by which it is yet infested. Their profes- 
sions of co-operation with the naval force of the United States to this 
object have not been followed up by corresponding action. As long 
since as last May, Captain Biddle, then commanding the Macedonian 



28S [ 2 ] 

frigate, represented to the Captain General Mahy, the necessity thai 
"would frequently arise of pursuing them from their boats to the 
shores on the desert and uninhabited parts of the Island, and request- 
ed permission to land for such purpose, which was explicitly refused. 
Mr. Forsyth has been instructed to renew the demand of this permis- 
sion, to the Spanish Government itself. And, as there are cases in 
which the necessity will constitute the right of anticipating that per- 
mission, Commodore Porter has been instructed accordingly. From 
a recent debate in the British Parliament it appears that similar in- 
structions have been given to the commanders of the British squa- 
drons despatched for the protection of the commerce of that nation, 
and that, when notified to the Spanish Government, although at first 
resisted by them, they finally obtained their acquiescence. These 
circumstances will serve for answer to one of the most aggravated 
complaints of Mr. Anduaga against Captain Cassin. That officer 
did land, and although not successful in overtaking the pirates them- 
selves, he did break up one of the deposites of their lawless plunder, 
burnt several of their boats, and took from them two of their armed 
vessels. Mr. Anduaga sees in all this nothing but a violation of His 
Catfiolic Majesty 9 s territory; a sentiment on such an occasion, which 
would be more suitable for an accessary to the pirates, than for the 
officer of a Government deeply and earnestly intent upon their sup- 
pression. 

From the highly esteemed and honorable character of General 
Vives, who has, probably, before this, arrived at the Havana, as Go- 
vernor and Captain General of the Island, we hope for more effectual 
co-operation to this most desirable event. There has been, according 
to every account, a laxity and remissness on that subject in the Execu- 
tive authority of that Port, which we hope will no longer be seen. 
The boldness and notoriety with which crimes of such desperate die 
are committed in the very face of authority, is, of itself, irrefragable 
proof of its own imbecility or weakness, Spain must be sensible, 
that she is answerable to the world for the suppression of crimes com- 
mitted within her jurisdiction, and of which the people of other na- 
tions are almost exclusively the victims. The pirates have generally, 
though not universally, abstained from annoying Spanish subjects, and 
from the robbery of Spanish property. It is surely within the com- 
petency of the Government of Cuba to put down that open market of 
the pirates, which has so long been denounced at the Havana. It 
appears, that masters of American vessels which had been robbed, 
have seen their own property openly exposed to sale in that city; but 
have been dissuaded from reclaiming it by the warning that it would 
expose them to the danger of assassination. One instance, at least* 
has occurred, of unpunished murder of a citizen of the United States, 
for the indiscreet expression of his expectation that the arrival of 
Commodore Porter's squadron would secure more respect to the per- 
sons and property of American citizens; and other cases have hap- 
pened, of outrages upon citizens of the United States, in which the 
protecting power of the Government has been deficient, at least in 
promptitude and vigor. 



[2] 



287 



To the irritation between the people of the two nations, produced 
by the consequences of the abominable decree of General Morales, 
must be attributed that base and dastardly spirit of revenge which 
recently actuated a Spanish subaltern officer, at Porto Rico, by which 
Lieutenant Cocke lost his life. Copies of the correspondence between 
Commodore Porter and the Governor of Porto Rico, oh that occa- 
sion, are among the enclosed papers. They will shew that the act of 
firing upon the Fox was utterly wanton and inexcusable; and the Presi- 
dent desires that you would expressly demand that the officer, by 
whom it was ordered, should be brought to trial and punishment 
for having ordered it. 

There are several subjects connected with the execution of the 
treaty of 22d February, 1819, to which it may be proper to advert as 
being likely to claim your attention. On the delivery of the two 
Provinces of the Floridas to the United States, by virtue of stipula- 
tions of that treaty, a question arose whether, under the term fortifi- 
cations, which were to be delivered over with them, was included the 
artillery, without which they could not, with propriety, bear the 
name. By another article of the treaty, it was agreed that the Unit- 
ed States should furnish transports for the conveyance of the Spanish 
officers and troops to the Havana. Under this engagement, the Spa- 
nish officers understood it was implied that the provisions necessary 
for the passage should also be furnished at the expense of the United 
States. In this liberal construction of that article, this Government 
acquiesced, insisting, however, that, on that same principle, that pro- 
visions for the passage would be understood as implied in an engage- 
ment to supply the passage itself, the ordnance which constituted the 
essential part of the fortifications, must be considered as embraced 
by the word, and that the United States were entitled to claim its de- 
livery with the buildings which, without it, would substantially be no 
fortifications at all. The Spanish officers at Pensacola and St. Au- 
gustin objected to this liberal construction of the article which impos- 
ed an obligation upon Spain, while they insisted upon it with regard 
to the article in her favor. It was therefore agreed, both at Pensa- 
cola and St. Augustin, that the artillery in the forts should be left 
there, receipts for it being given by General Jackson and Colonel 
Butler, leaving tke question, as to the property in them, to the deter- 
mination of the two Governments. A correspondence ensued between 
this Department and the Spanish Legation here, and between the Mi- 
nisters of Foreign Affairs and our Legation at Madrid, the last do- 
cument of which is a note of 3d September, 1822, from Don Evaristo 
San Miguel to Mr. Forsyth, from whom, as well as from Mr. An- 
duaga, separate copies of it have been transmitted to this Department. 
This note announces his Catholic Majesty's final determination to 
abide by the strict construction of both the articles in question, on 
the acknowledged ground that the value of the cannon is more than 
the cost of the provisions. It therefore proposes that the cannon 
should be restored to Spain, and offers to repay the expense incurred 
by the United States for the provisions. Or it offers to receive pro- 



288 £ 2 ] 

posals for the purchase, by the United States, of the cannon, and, it 
necessary, to sell them, at a fair appraisment. by competent persons^ 
to be appointed by the two Governments; and, after deducting the 
amount paid by the United States for the provisions, to receive the 
balance. 

In the compacts between nations- as in the bargains of individuals, 
i\ie most essential requisites are candor and fair dealing. The com* 
parative value of the cannon in the forts, and of the provisions for 
the passage of the Spanish troops, formed no part of the considera- 
tions upon which the artillery was claimed by the United States^ 
together with the wails of which they formed the defence. It was 
to the principle alone that our attention was turned. The officers of 
Spain, under a stipulation for passage, claimed a supply of provn 
sions» Acquiescing in that liberal construction of our engagement 
which would warrant them in the claim, we thought it* in fairness 
and reciprocity, applicable to another article, the benefit of which 
would enure to the United States. In the course of this discussion, 
"no distinction has been shewn, on the part of Spain, that could jus- 
tify a different rule of construction for the two articles. In both ca- 
ses, the incident was so essential to the main object of the stipulation, 
as to be inseparable from its existence and accomplishment. The 
passage, without provisions, was impracticable. The walls, with- 
out their artillery, were no fortifications. If, in one case, the implica- 
tion was just, it was indispensable in the other. But we do not wish 
to press the controversy further. You are authorized to signify to 
the Spanish Government the acceptance of the proposal contained in 
Mr. San Miguel's note, and that, on the repayment, by the Spanish 
Government of the money paid by the United States for provisions 
for the Spanish officers and troops, from the Floridas to the Havana, 
the ordnance left behind, and receipted for, by General Jackson and 
Col. Butler, will be delivered up to the order of the Governor of 
Cuba, or to any officer duly authorized to receive it. 

There is in the note of Mr. San Miguel a complaint, somewhat 
gratuitous, that the American Government had not, in the first in- 
stance, adjusted this question with the Spanish Minister at Washing- 
ton, or afterwards prevented the compromise between the Commis- 
sioners of the two Governments, at the delivery of the Provinces, 
The Government of the United States was not informed that the 
Spanish Minister here had any authority to discuss the mode of 
execution, with regard to the delivery of the Territory. It was not 
to him, but to the Governor and Captain General of the Island of 
Cuba, that the royal order for the delivery was addressed; nor was 
it supposed that he had, or could have, any instructions, authorizing 
him to settle any question of construction which might arise in the 
details of the execution. That a question might arise, both with re* 
gard to the provisions, and to the artillery, was foreseen, but there 
was no necessity for anticipating it, by a reference to the Spanish 
Minister, when it might not arise at all, and who, if it should, had 
no power to settle it. The suggestion of it, as -a question to him* 
could; in all probability; tend only to delay the delivery itself of thfl 



[ 2 ] 28.9 

Floridas: for, if his views of the construction of the article concerning 
the fortifications should differ from those of this Government, he 
could only refer it to his own, and, in the meantime, the delivery of 
the country must he postponed, or accepted by the United States, 
subject to the construction of the Spanish Envoy. The American 
Government had no motive for starting questions which might be 
turned to purposes of delay. It was sufficient for them to proceed 
upon principles fair and equitable in themselves, and to foresee ques- 
tions of construction only so far as to preclude the admission of one 
rule, when its operation would be against the United States, and of 
another, when its effect would be in their favor. When the question 
between the Commissioners had arisen, it was not more in the power 
of this Government to prevent the compromise upon which they agreed, 
than it was in that of Spain;a reference of it, prior to the delivery, might 
have been made to Madrid, in little more time than to Washington; and 
the intimation of Mr, San Miguel, that the unfortunate disputes in 
which the Ex-Governors of St. Augustine and Pensacola were involve 
ed, and which issued in occurrences personally unpleasant to them, 
originated in this compromise concerning the artillery, is founded 
upon erroneous impressions. Those incidents, much and sincerely 
lamented by us, arose from the nondelivery, deliberate, concerted, 
and systematic, by the late Captain General Mahy, and by both the 
Governors of St. Augustine and Pensacola, of the Archives and 
Documents which they were required by an express stipulation of the 
Treaty, and an explicit order from the King of Spain, to deliver up. 
The Governor of Cuba, after informing Col. Forbes, who was com- 
missioned to receive that portion of those Archives and Documents 
which were at the Havana, that twenty boxes of documents had been 
sent there from Pensacola, relating to West Florida, and that all 
those relating to East Florida were at St. Augustine; and, after de- 
taining Col. Forbes at the Havana nearly six weeks, in the daily 
protracted expectation of delivering them, finally obliged him, with 
exhausted patience, to depart without the former, and with an ex* 
plicit assurance, that he had instructed the Governor of St. Augus- 
tine to deliver the latter. Yet, the Governorof St. Augustine refus- 
ed to deliver them, on the allegation of doubts, whether the engage- 
ment of the Treaty extended to the delivery of any public Docu- 
ments or Archives, relating to individual property. This extraordi- 
nary effort to withhold, and to carry away all the records of land 
titles, of both the Provinces, has been the fruitful source of all 
those subsequent misunderstandings and painful occurrences to 
which Mr. San Miguel's note alludes, and it commenced on the part 
of the Governor of Cuba, long before any question relating to the 
delivery of the artillery had occurred. 

Mr. Thomas Randall is now about to proceed to the Havana, 
charged with a new commission to demand and receive the archives 
and documents yet remaining there, and of which, as Mr. Forsyth 
was informed, a new royal order has been expedited to command the 
delivery. There are also many at Madrid, in the office of the Ul- 
tra-marine Department, which Mr. Forsyth has taken measures, at 
45 



290 [ 2 ] 

different times, to obtain, hitherto without success. You will learn 
the state of this concern upon your arrival, and as occasions may 
■present themselves, will give it all the attention it may require. 

By the fourth article of the treaty of 22(1 February, 1819, provision 
was made for the appointment of commissioners and surveyors to run 
the boundary line between the United States and the then adjoining 
Spanish provinces, from the mouth of the Sabine River to the South 
Sea. They were to meet at Natchitoches, within one year from the 
ratification of the treaty; but the appointment of the Spanish commis- 
sioner and surveyor, though repeatedly urged by Mr. Forsyth upon 
the Spanish Government, was not made in seasonable time, and the 
revolution in Mexico having soon after demolished the Spanish do- 
minion in that country, it became doubtful whether that article of the 
treaty "could be carried into execution. 

There was some hesitation in Congress, and different votes between 
the two Houses, with regard to making the appropriation for that pur- 
pose. The appropriation was, however, made, and the appointment 
of the commissioner and surveyor on the part of the United States was 
made known to Mr. Anduaga, and also, through Mr. Forsyth, to the 
Spanish Government, with notice that we were ready to proceed in 
the measures agreed upon for carrying the article into execution. 

No further notice of the subject has been taken by the Spanish Go- 
vernment, nor have we been informed who were the commissioner 
and surveyor appointed by them. It will not be necessary for you to 
revive the subject by any communication to that Government, unless 
it should be brought up on their part. The new Government of Mex- 
ico, since the revolution there, has made known its assent to the 
boundary, as marked out hy the treaty, and, it is probable that Spain 
will, henceforth, have no interest in the settlement of the line. It 
may form a subject of further arrangement between us and our imme- 
diate neighbors hereafter. Of toe other subjects of discussion with 
Spain, which may require your official notice, you will be informed 
by Mr. John James Apple-tow. remaining there charged with the af- 
fairs of the Legation, after the departure of Mr. Forsyth, and by the 
archives of the Legation which he will deliver over to you. The laws 
relating to commerce, since the restoration of the Cortes, have been 
rather restrictive than favorable to the relations between the United 
States and Spain. You will be specially attentive to all negotiations, 
whether commercial or political, in which Spain may be concerned, 
during the continuance of your mission; transmit to this Department 
two copies of every treaty, printed by authority, immediately after its 
publication, and copies by duplicate of all conventions, treaties, sep- 
arate articles, or other diplomatic communications of which you may 
acquire the knowledge, and which you can obtain without expense or 
charge. 

An object of considerable importance will be, to obtain the admis- 
sion of Consuls from the United States in the ports of the colonies; 
specially, in the islands of Cuba and of Porto Rico. It was incidental 
to the old colonial system of Spain, which excluded all commerce of 



[2] 29i 

foreign nations with their colonies, to admit in their ports no foreign 
consuls. The special duties and functions of those officers, consisting 
in the protection of the commerce, navigation, and seamen, of their 
respective countries, in the ports where they reside, it was a natural 
and necessary consequence of the exclusive colonial principle, that, 
where no commerce was allowed to foreign nations, there could he no 
duties for a foreign consul to perform, and no occasion for the ac- 
knowledgment of such an officer. But, when the colonial ports were 
opened to foreign trade, all the reasons which recommend, and all the 
necessities which urge, the appointment and admission of foreign con- 
suls to reside in them, apply as forcibly to those ports as to any oth- 
ers. The commerce between the United States and the Havana is 
of greater amount and value than with all the Spanish dominions in 
Europe. The number of American vessels which enter there, is, an- 
nually, several hundreds. Their seamen, from the unhealthincss of 
the climate, are peculiarly exposed to need there the assistance which 
it is a primary purpose of the consular office to supply; nor is there 
any conceivable motive for continuing to maintain the pretension to 
exclude them, and to refuse the formal acknowledgment of consuls. 
Informal commercial agents have, in many of the ports, been allowed 
to reside, and partially to perform the consular duties; but, as they 
are thus left much dependent on the will of the local government, and 
subject to control at its pleasure, they have neither the dignity nor 
authority which properly belongs to the office. There has already 
been much correspondence between Mr. Forsyth and the Spanish 
Department of Foreign Affairs on this subject. You will follow it 
up, as there may be opportunity, till a definitive answer shall be ob- 
tained. 

A letter from the Spanish Charge d' Affaires, Mr. Salmon, dated 
the 15th of April, has been received at this Department, enclosing a 
copy of one from Mr. Anduaga to Mr. R. W. Meade, of 16th Octo- 
ber, 1822, relating to his claim, pending before the Commissioners 
under the Florida treaty. Translations of these papers, and a copy 
of my answer to Mr. Salmon's letter, are herewith enclosed. The 
claim of Mr. Meade, as presented to the Commissioners, was palpa- 
bly not, and could not be, embraced by the treaty, as [by] an order for 
payment of it by the Spanish Department of Finance, Spain w r as un- 
doubtedly bound to the payment of it in full. And so she was for the 
payment of all the certificates of her public debt, which were purchas- 
able in the market at thirty or forty per cent, of their nominal value. 
All the claims provided for by the treaty were unsettled claims, the 
proper subjects of compromise, and the avowed and unequivocal prin- 
ciple of the treaty was to make such compromise. This was well 
known to Mr. Meade as well as to the Spanish Government. The 
first report of the Spanish Junta of four counsellors, in favor of Mr. 
Meade's claims, was made on the SOth of September, 1819, after the 
termination of the period when the treaty should have been ratified 
by Spain. The Certificate delivered to Mr. Meade in May, 1820, 
directed that {lie sum which had been found due to him, should bepaid 



292 [ 2 j 

Out of the fmids of the Royal Finance Department, with interest. The 
treaty, though not ratified by Spain, was then public in Europe and 
America. It had twice been communicated by the President of the 
United States to Congress: first in February, 1819, immediately af- 
ter it was signed, and again in December of the same year, when it 
was published with the documents at the commencement of that session. 
It was well known to Mr. Meade, that it did not provide for his claim, 
thus liquidated and acknowledged. If he, then, expected that it 
should ever be chargeable upon the United States, that was the time 
for him to have so declared to the Spanish Government. The nature 
of his claim was entirely changed by the liquidation, but it made, and 
could make, no corresponding change in the stipulation of the treaty. 
It was not for an order on the funds of the Royal Finance Department 
of Spain, for near half a million of dollars, with interest from May, 
1820, that the United States had undertaken to provide," and the real 
effect of the liquidation and certificate was to take the case entirely 
out of the treaty. 

That Mr. Meade was fully sensible of this, is proved by his subse- 
quent memorial to the President of the United States, soliciting, on their 
part, a conditional ratification, either acknowledging his claim as final- 
ly liquidated by Spain, to be paid in full, or excepting, specifically, the 
renunciation which included his claim, as it had existed when the trea- 
ty was signed, or the claim itself by name as afterwards settled. His 
whole memorial, indeed, is an unanswerable argument to prove, that 
his settled claim was not included in the treaty, nor was it possible 
that it should be. The treaty was signed in February, 1819, and pro- 
fessed to provide for none but unsettled claims, prescribing the man- 
ner in which they should all be settled alike. Mr. Meade's claim was 
liquidated in May, 1820, the treaty being then as if it had never been 
made. It is a strange use to make of the warm interest and ardent 
solicitation of the American minister in Spain, in Mr. Meade's favor, 
to obtain a settlement by Spain of his claims, and of the friend- 
ly congratulation of the American Secretary of State, after it had 
been obtained, when the treaty had 7io existence, to contend that these 
manifestations of kindness to him, bound the United States to pay- 
ment in full of his demand upon Spain, if the treaty should ever be ra- 
tified. It is very evident, that the liquidation of Mr. Meade's claims 
in Spain, was made on principles, which, however fair and laudable, 
as between him and the Spanish Government, would not be proper for 
the liquidation to be made by the American commissioners conform- 
ably to the treaty. The principle of the treaty is a compromise 
of unadjusted claims. The principle of the liquidation was payment 
in full, with profuse allowances for interest and damages; tl^se, very 
suitably for Spain to make in acknowledgment of great services of 
the claimant to her, were in no wise proper for the United States, 
being under no such obligations to assume, nor could they assume 
them without wrong to other claimants, more entitled to favor from 
them, though less from Spain, than Mr. Meade. In that liquidation 
it is abundantly shewn, by Mr. Meade himself, that the Spanish tri- 



r 2i 



293 



hunals intended to discharge a debt of Spanish gratitude as well as 
of justice; to remunerate services, as well as to fulfil engagements. 
It is doubtful whether any others of the claimants, under the treaty, 
will obtain any allowance for interest, even simple interest, upon the 
clearest and most inveterate of their demands. Mr. Meade's liqui- 
dated claim calls for interest upon interest on a debt of half a million 
of do! Jars; compound interest accruing after the treaty was signed, 
and accumulating by the act of Spain herself, in withholding the sti- 
pulated ratification of the treaty. Other claimants besides Mr. 
Meade, had been wrongfully arid far more rigorously imprisoned by 
authority of the Spanish Government. Should they be paid at the 
rate of nearly forty thousand dollars a year for such detention, the 
five millions of dollars allotted to the settlement of the claims, five 
times doubled, would scarcely suffice for their satisfaction. To com- 
plete the demonstration that Mr. Meade's liquidated claim was not 
included in the treaty, let it be supposed that the order, which, in 
May, 1820, he received upon the funds of the Royal Finance Depart' 
merit, had been immediately paid, and that the Spanish Government 
had afterwards ratified the treaty as it did, Mr. Meade would assur- 
edly then have had no claim under the treaty; and as little could the 
Spanish Government have claimed repayment by the United States 
of the money paid to Mr. Meade. 

And why was not the order upon the royal finance department im- 
mediately paid ? Mr. Meade himself has answered, that it was owing 
to the embarrassments of the new revolution. He petitioned the 
Cortes for immediate payment, and to designate the mode of payment 
But he could obtain no definitive resolution from the Cortes, till the 5th 
of October, 1820, the day they decided in favor of ratifying the Flo- 
rida Treaty. Upon which occasion, says Mr. Meade, "they ordered 
that my memorial should be united with the papers relative to the 
treaty, and submitted to the King, in order to have it ascertained 
whether the American Government had consented to the introduction 
of my individual claim into the negotiations of the treaty, and, if so, 
that the American Government had distinctly assumed upon itself the 
payment of my claim, and had wholly exonerated Spain from it: but, 
if it should be found that my case had not been taken into view by the 
negotiators, and was not distinctly understood as embraced in the treaty 
stipulations, they, in that case, decreed the immediate payment of the 
debt by the Spanish Government. Upon this reference from the 
Cortes, the Spanish Minister of State pronounced an unequivocal 
opinion that the debt had been distinctly and specifically assumed by the 
United States in exoneration of Spain; or would be so upon the ex- 
change of the ratifications." Here we see that the Cortes, when ad- 
vising to the ratification of the treaty before them, considered the as- 
sumption by the United States of Mr. Meade's claim, as entirely de- 
pending on the question whether it bad individually, distinctly ','and spe- 
cifically, been treated for in the negotiation between Mr. Onis and the 
American Secretary of State. This the Cortes did not know, with 
the treaty and all the documents of the negotiation before them. AJs 



294 [ 2 ] 

little did the Minister to whom they referred it, know: for he only pro- 
nounced an opinion that the debt had been distinctly and specifically as- 
sumed by the United States, in exoneration of Spain, or would be so 
upon the exchange of the ratifications. 

Mr. Meade proceeds in his memorial to say, "the opinion of the 
Minister was founded (as I was informed from high authority) upon 
facts said to have been notorious to the negotiators of the treaty, and 
verified, as it was said, by the official communications of Mr. Onis to 
the Spanish Government, to wit, that my claim had been introduced 
by name into the discussion between Mr. Adams and Mr. Onis, who 
finally agreed, in their verbal conferences, that it should be assumed 
and paid by the United States; that Mr. Onis proposed the insertion 
of my. name, and a specific stipulation to that effect in the treaty; but 
that Mr. Adams thought it unnecessary to do so, though he agreed to 
the insertion of a clause intended to comprehend my case, without 
naming it, and to exonerate Spain from the debt, with the understand- 
ing, nevertheless, that it was to be specfically assumed and paid by 
the United States." I shall not inquire how it happened that the 
Cortes, with this fable said to have been verified by the official commu- 
nications of Mr. Onis to the Spanish Government, before them, could 
have referred it to the King, to ascertain whether Mr. Meade's claim 
had been assumed by the United. States or not; nor how the Minister 
of State, to whom it was again referred, should have been so uncer- 
tain with regard to the fact, as merely to give an opinion that the claim 
had been specifically assumed by the United States, or wnuldbe so, upon 
the exchange of the ratifications. Neither shall I ask how it happened, 
that Mr. Meade, at Madrid, in October. 1820, with his claim liqui- 
dated and acknowledged, and demanding immediate payment, when 
put off with these uncertainties of the Cortes and the Minister, should 
have contented himself with this information from high authority, of 
facts said to have been notorious, and said to have been verified by 
official communications of Mr. Onis to his Government, without de- 
manding, as, under those circumstances he had the unquestionable right, 
and the deepest interest to do, authenticated copies of these official 
communications of Mr. Onis, to produce them before the American 
Government: How it happened that for this onhj document which could 
have given Mr. Meade the shadow of a claim upon the American Go- 
vernment for specific satisfaction of his liquidated claim, he took at 
Madrid this information from high authority of things said to have been 
said, and then come to the United States, and called upon their Presi 
dent and Senate to palm upon the people of this Union the payment o 
half a million of dollars, with interest, to him, or to annul, by a condi 
tional ratification, the Florida treaty, with this hearsay of hearsay, 
for the only color of his demand. That it was from beginning to end 
a fable, is certain. Mr. Meade's claim, far from being specifically 
provided for by name, was never even mentioned by Mr. Onis during 
the negotiation of the treaty. No individual claim was ever men- 
tioned, nor would the American Goverement have stipulated, for the 
benefit of any claimant, a favor which could not be extended equally to 
all the rest. " 



[2] 



295 



But the facility with which Mr. Meade received upon trust this in- 
formation from high authority of an official document which would 
have been the only admissible voucher for his new claim upon the 
United States, is not the only surprizing part of this allegation in his 
memorial to the President. He says that the Spanish Minister of 
State pronounced an unequivocal opinion that the debt had been dis- 
tinctly and specifically assumed by the United States, in exoneration 
of Spain, or would be so upon the exchange of the ratifications. That it 
had not been, is now shown beyond all power of reply, nor was it at 
the exchange of the ratifications. Mr. Meade, after failing in the at- 
tempt to stay the ratification of the United States, did apply to the 
Spanish Minister then here, General Yives, to make some such specific 
reference to his individual claim, which General Vives explicitly de- 
clined. There was, indeed, no pretence upon which it could have 
been made, and the tale which Mr. Meade had received from high 
authority, appears to be no other than a device to elude his importu- 
nities for payment, and only proves the consciousness of necessity for 
resorting to fiction to give a show of coloring to Mr. Meade's liquidat- 
ed claim, as chargeable to the United States. 

It may be said that, if the claims of Mr. Meade, as existing in Fe- 
bruary, 1819, are admitted to have been included within the provi- 
sions of the treaty, the United States cannot justly avail themselves 
of the liquidation, subsequently effected at the instances of their own 
Minister, to recharge upon Spain the payment of the whole sums from 
which she would have been exonerated, but for the intermediate li- 
quidation between the signature and the final ratification of the treaty. 
Neither is this the desire of the American Government. The Com- 
missioners, whose doubt whether Mr. Meade was receivable at all as 
a claimant under the treaty, arose, first, from the certainty that his 
claim, as presented by himself, was not included in the treaty; and, 
secondly, from his own argument, »hat is was of a character that the 
United States and Sp*in had no right to dispose of it by negotiation, 
on application to the Secretary of State, were informed that the inten- 
tion of the treaty on the part of the United States, had been to include 
within its provisions all unsettled and unliquidated claims of citizens of 
the United States upon Spain, for which the interposition of the Go- 
vernment of the United States had been solicited by the claimants them- 
selves, until the signature of the treaty. Mr. Meade's claim, at the 
time of the signature of the treaty, was of that description, and the 
Commissisioners have received him as a claimant under the treaty. 

The subsequent liquidation and acknowledgment of the Spanish 
tribunals, gave Mr. Meade a new entirely distinct claim upon Spain. 
It was an order upon the Spanish treasury for a specific sum of 
money, with interest, from May, 1820. The effect of this transac- 
tion was to take the claims of Mr. Meade entirely out of the 
treaty; and Spain, by the subsequent ratification of the treaty, with- 
out noticing, in any manner, this claim, or its liquidation, gave the 
United States some reason for insisting, were they so disposed, that 
no provision, for any part of it, had been made by the treaty at all. 



296 [ 2 ] 

But the rule of equity applicable to this case, and by which sub- 
stantial justice may be done to all parties, is this. Mr Meade's 
claims, as existing, and exhibited before the signature of the treaty, 
are included in its provisions. Their amount and validity must be 
proved to the commissioners, conformably to the provisions of the 
treaty. The allowance or rejection of every item in them must be 
determined on principles applied by the Commissioners to all other 
claims, of a similar description, before them. The sum finally award- 
ed to him, must be subject to all the other provisions of the treaty. 
To charge the United States in the exact proportion stipulated by 
the treaty, and to suffer deduction from their admitted account, in 
common with all the other claims, as they may be finally admitted. 
So far have they been assumed by the United States, and so far has 
Spain been exonerated from them. For the balance of the sum which 
Mr. Meade may thus receive from the United States, to equalize, in 
amount, the specific sum, with interest, from May, 1820, awarded 
him by the Spanish liquidation, his claim remains unimpaired upon 
the Spanish treasury. It was never assumed, or renounced, by the 
United States — it was never cancelled by Spain. For the decisions 
of her own tribunals, subsequent to the signature of the treaty, Spain 
alone must be responsible. The treaty alone must be the standard 
to which the decisions of the American Commissioners and the obliga- 
tions of the United States must conform. 

By the 15th article of the treaty of 27th October, 1795, it was 
stipulated, that, in times of war, the flag should cover the property, 
and free ships make free goods. By the 12th article of the treaty of 
22d February, 1819, it is agreed that this shall be so understood, 
with respect to those powers who recognize this principle, but, if 
either of the two contracting parties shall be at war with a third, and 
the other neutral, the flag of the neutral shall cover the property of 
enemies, whose government acknowledge this principle, and not of 
others. 

In the impending war between Spain and France, you may, per- 
haps, have occasion to require the exact observance of this engage- 
ment. In all the treaties between the United States and France, the 
principle that free ships make free goods is established and recogniz- 
ed. It is presumed that it will yet be recognized by France, and it is 
hoped there will be no cause to complain of its infringement by Spafn. 

A resolution of the House of Representatives, at the last session of 
Congress, requests the President to enter upon, and to prosecute, from 
time to time, such negotiations with the several maritime powers of 
Europe and America, as he may deem expedient for the effectual abo- 
lition of the African Slave Trade, and its ultimate denunciation, as 
piracy, under the law of nations, by the consent of the civilized world. 
You will take an early opportunity to make known this disposition 
to the Spanish Government, communicating to them copies of the 4th 
and 5th sections of the act of 3d March, 1819, which declares this traf- 
fic piratical, when pursued by citizens of the United States ; and you 
will express the willingness of the American Government to enter 



[2] 



297 



Into negotiations for the purpose of declaring it so by the common 
consent of nations." 



(No. 35.) 

Extract of a letter, JVb. 4, from Mr. Nelson to Mr. Mams, dated 

Madrid, 15th Januamj, 1824. 

" I herewith enclose another note which I addressed to the Spanish 
Government on the 10th instant. In this I have presented the views 
of our Government on two of the important subjects with which I was 
entrusted — the piracies on our commerce in the West Indies, with a 
requisition on the Spanish Government for immediate orders to their 
provincial officers to suppress these outrages; and the offence of the 
Spanish officer by whose order the life of Lt. Cocke was sacrificed, 
with a demand upon his Catholic Majesty's Government for a satis* 
factory atonement for this unparalleled aggression. In a few days 
I shall present to this government another note, enbracing the remain- 
ing interesting topics of my instructions, with a demand for the ap- 
propriate redress for the respective wrongs sustained by our citizens." 



(No. 35 — a.) 

Mr, Nelson to the Count of Of alia, 

Madrid, January 10th 9 1824. 

The undersigned, the Minister Plenipotentiary of the United States 
of America, has the honor, through His Excellency, to assure His Ca- 
tholic Majesty of the unfeigned desire of the President of the United 
States to preserve inviolate the friendly relations subsisting between 
the two Governments. This harmony, sometimes menaced with in- 
terruption by the great convulsions which the world has witnessed 
at the termination of the last century, and in the progress of the pre- 
sent, has fortunately never experienced a total rupture. Events have 
occurred, which seemed to threaten a collision between nations long 
united in the strongest bonds of friendship; measures, deemed neces- 
sary to maintain the security of some who were engaged in the con- 
flict of arms, or to preserve the neutrality of others who were so for- 
tunate as to escape its ravages, may have sometimes, in their tenden- 
cy, borne with severe pressure on those against whom they were not 
intended to operate injuriously; a sensibility, bordering on a degree 
of jealousy, may have been excited by erroneous views of the policy 
and measures of the American Government; and the councils of Spain 
may have received impressions calculated to produce suspicions in- 
compatible with the frank and mutual confidence necessary to sustain 
the cordial intercourse of friendly nation. The policy of the Ameri- 
can Government, founded in justice and truth, has never led to the 
46 



29* [ 2 ] 

adoption of any incasuae towards a foreign nation, which it would 
not cheerfully acquiesce in, if* under similiai* circumstances, adopted 
towards itself; nor has it ever asked an act of justice from a foreign 
power, which it would not have equally conceded to the demand of such 
foreign power, in a parallel condition, appealing for justice to the Ame- 
rican Government. This onward course of candid and disinterested po- 
licy, ever leads it to expect a reciprocal' return from the foreign powers 
to whom it appeals, at any time, for the fulfilment of those obligations 
which are imposed by the principles of justice and reciprocity. These 
are expected with confidence from Ins Catholic Majesty; and, whilst, 
on the one hand, the undersigned is authorized to give full assurance 
of the earnest wish of the American Government to cherish and 
perpetuate its friendly relations with Spain, on the other, he is directed 
to ask of the Government of Spain the fulfilment of those obligations 
which a sense of honor and of justice, and a reciprocal dee ire to pre- 
serve inviolate the friendly and harmonious intercourse between the 
two countries, will impose upon the Government of his Catholic Ma- 
jesty. Actuated by feelings congenial to those which he is instruct- 
ed to avow and manifest by his Government towards the Government 
of Spain, the undersigned begs to call the attention of his Excellen- 
cy to cases of aggravated injury and wrong, which the citizens of 
the United States have suffered from the subjects of his Catholic Ma- 
jesty, and in some instances, from those who had been distinguished 
by his royal commissions. 

It had been heretofore made known to his Catholic Majesty's Go- 
vernment by his predecessor, that, in the great agitations which, of 
late years, have been experienced in a portion of the Western World. 
swarms of pirates, issuing from the Island of Cuba, had infested the 
West Indian seas, desolating, wherever they could encounter it, the 
peaceful commerce of the neighboring nations. In their ruthless fury- 
after rapine and destruction, sweeping from that ocean the peaceful 
and defenceless navigators, they have not spared even the subjects of 
Spain herself. The nations exercising commerce in these seas, have 
been compelled to arm for its protection, and to send their ships into 
that region to defend their citizens, in their persons and their proper- 
ty, from these insatiate plunderers. The United States, in common 
with others, have been forced to send naval armaments into these re- 
gions, and have always, in a spirit of harmony and friendship, given 
ample notice to the local authorities of the Spanish Islands of the ob- 
ject and destination of these equipments. Time after time have they 
called upon the Spanish authorities in Cuba to suppress these hordes 
of banditti. Often has the assurance been given, that the local au- 
thorities would, and had, taken all the necessary measures to sup- 
press them. Yet. in defiance of these repeated assurances, the ocean 
teemed with these frceboters, and so fearless and undaunted were 
these scourges of the ocean, that the city of Havanna itself has wit- 
nessed piracies committed at the \ r Qrs;e of its harbor. Armament 
after armament has been equipped and despatched from the United 
States, instructed to co-operate with the local authorities in their 



[ 2 J 239 

suppression; and always with the fullest and most positive instruc- 
tions to pay the utmost respect to the rights and interests of Spain, 
Her rights have always been respected by the commanders of the 
American squadrons; nor has a single instance, it is believed by the 
American Government, occurred, wherein there has been a wanton 
isolation of that respect which, as a friendly nation, the United 
States owed to the rights and interests of Spain. But, although such 
has been the scrupulous regard, which the United States have, on all 
occasions, manifested to these obligations, which their friendly rela- 
tions to Spain imposed, they have not found any relief to their com- 
merce against these piracies, either from the reiterated assurance 
given by the Spanish local authorities of their determination to sup- 
press, or of their adoption of the •» necessary measures to defend 
iheir territorial jurisdiction, and for the apprehension of every descrip- 
tion of outlaw." On the contrary, the American Government has 
had too much reason to believe that, however the local authorities 
might be inclined to apprehend these outlaws, yti, from want of pow- 
er, or from some other cause, adequate measures were not adopted 
for their suppression: but that these sea robbers, acquiring boldness 
from the inaction of the Government of the Captain General, not 
only displayed their sucessful cruisers, laden with their spoils, in the 
port of ttie Havana, but fearlessly exposed to safe, in the streets of the 
city, in the very teeth of the government, unawed and unrestrained, 
the unhallowed fruits of their piracies and plunder. Instances have 
occurred in which the American citizen has beheld exposed to sale, 
in open market, in the streets of Havana, the property plundered 
from him by these ferocious miscreants* from reclaiming which, he has 
been restrained by the admonition of others, warned that he would find 
no protection from the Government, and that he would only draw 
down upon his own head the infernal malice of the secret assassin. 
Nov has a case been wanting, in which one of the citizens of the Unit- 
ed States, excited by this shameless disregard of all jaws, human and 
divine, having declared that, on the arrival of the American naval 
commander, who was then expected in those seas, more respect would 
be shown to the rights of persons and property, met, as the reward 
of his temerity, the deadly stroke of the poniard from the midnight 
murderer. These pirates have their establisments and places of asy- 
lum in the bays and harbors on the coast of the uninhabited parts of the 
Island of Cuba, Thence they sally forth in quest of plunder, in ves- 
sels adapted to a shoal water navigation, bringing ruin and deso- 
lation on the defenceless commercial vessels they can find, and if, per- 
chance; they encounter a foe, competent, by his armament, to subdue 
them, they fly for refuge to these shoals and bays, whither the pursuer 
cannot come, through fear of being wrecked if rashly he rush on. Or 
if, perchance, the commander of some lighter vessel pursue them to 
the margin of the shore, they instantly abandon their vessel, and, con- 
cealing themselves in places of retreat, previously marked out, and 
prepared for th.s purpose, they elude, their pursuers, and escape by the 
sacrifice of some mean, worthless vessel; and save their persons from 
seizure and detection. 



aoa [ 2 ] 

The American government beheld, with regret, this unfortunate 
state of things in that region; anxious to treat with due respect the 
rights and interests of Spain; bound to protect their citizens in their 
persons and their property; wishing to believe that the local authori- 
ties were thus inactive only because they were unable to repress these 
pirates; and never, for a moment, entertaining any other opinion of 
His Catholic Majesty's Government, thanthat it deplored, equally 
with the American Government, the calamities to which the commerce 
of these seas was subjected, by the diabolical passions of the most 
abandoned and nefarious ruffians of the human race; has felt most 
sensibly the delicacy and difficulty of its situation, when summoned, 
by a sense of duty, to adopt measures of energy to ensure protection 
to those who were entitled to demand it from their Government. Be- 
lieving that, in the adoption of such measures as the necessity of the 
case imposed, they would equally consult the interest and honor of 
Spain, as of the whole civilized world, in destroying a horde of mon- 
sters, who were leagued and combined against the fair and legitimate 
trade of all nations using these seas, they gave instructions to the 
predecessor of the undersigned to make known to His Catholic Ma- 
jesty's Government, that it would be indispensable for the American 
cruisers, in pursuing these banditti to their places of shelter and re- 
treat, in the uninhabited parts of the Island, to land some portion of 
their crews in those places in which the power of the local authori- 
ties was not exercised to suppress them, to execute the purpose of ar- 
resting, and bringing to justice, these freeboters and marauders. Con- 
scious of the purity of their designs, and convinced that Spain would 
equally benefit with all the world in the extirpation of this stock of 
hucaniers. they did not hesitate to instruct their naval commanders, 
in case of indispensable necessity, and of that only, to land in these 
desert and uninhabited places, for the sole purpose of pursuing and 
arresting the pirates; and, as soon as that service was performed, to 
embark immediately in their vessels again, withdrawing from the ter- 
ritory of Spain. 

Presuming that, in a case of such imperious necessity, when the 
rights and interests of humanity were so deeply involved, as in the 
extirpation of these outlaw freebooters; in a case where the object 
and design of the American Government were so open and notorious; 
and, with great propriety it may be added, were so laudable, as be- 
ing aimed at the suppression of those, who, by common consent, are 
denominated the enemies of all mankind; in a case where, as no con- 
tempt of the authority of Spain was, or could be intended, so none 
could be inferred; the American Government hoped and believed 
that Spain would sanction a measure fraught with so much benefit to 
all the maritime nations of the earth, although it might not so strict- 
ly accord with those little observances of scrupulous punctilio, which 
nations so fastidiously exact in their intercourse with each other. 
The measure was free from all design of wounding the feelings, or of 
offering contempt to Spain. It was called for by the irresistible ne- 
cessity of the case, and was scarcely less than justified, by theomis- 



L 2 ] 301 

s-ion of the local authorities, through weakness, or through want of 
inclination, to adopt measures for their suppression, which had been 
often promised, and too rarely fulfilled. The scrupulous delicacy of the 
American Government towards the rights and interests of Spain, are 
displayed in the orders to their naval commanders, of which copies 
accompany this note. In their efforts to attain the desirable object 
of expelling from the ocean these lawless bucaniers, the United 
States have had to deplore the loss of one of their most gallant and 
distinguished naval officers, Lieutenant Allen, who fell by the hands 
of one of these pirates, whilst he was nobly attempting to subdue a 
nest of them, in arms against the honest commerce of the civilized 
world. The undersigned is directed, by the President of the United 
States, to urge upon the Government of Spain the absolute necessity 
of its ordering the local authorities of the Island of Cuba to adopt 
the most energetic and efficacious measures for controlling and sup- 
pressing these pirates, and of asking that these authorities may be 
instructed to use every possible means of co-operation with the naval 
armaments of the United States, which may be sent into the West 
Indian seas for the purpose of suppressing an evil, under which the 
American commerce has too long suffered. 

Connected with the facts detailed in the foregoing part of this 
note, is another case, of a most malignant character, on winch I am 
directed to ask of His Catholic Majesty's Government a prompt and 
vigorous redress, of an unparralleled injury, which the American Go- 
vernment has sustained, at the hands of an officer having the com- 
mission of His Catholic Majesty. The United States, under the in- 
creasing urgency of affording protection against the pirates in the 
"West Indian seas, have sent out their naval armaments to afford this 
protection. But, even with these exertions, they have not been able, 
to afford entire security to their commerce. The local authorities, 
with an indifference to the sufferings of commerce, and an incredible 
tolerance to this system of plundering, have, almost uniformly, re- 
fused all co-operation in this just and holy object They have denied 
to the fleets and naval armaments of the United States those courte- 
sies and civilities which common hospitality would enjoin, even in the 
case of entire strangers, but which, to a nation in the strictest bond 
of friendship, and engaged in the holy and beneficent object of ex- 
tirpating a nest of pirates, all laws, human and divine, would impe- 
riously command them to administer — they have denied those facili- 
ties and accommodations to the American navy, whilst they have per- 
mitted them to be enjoyed by the lawless freebooters of the ocean. 
Nor have markets, open and shameless, been wanting, in the most 
conspicuous places in the Islands, for the sale of the plunder pirati- 
cally obtained by them. When the American Government has sent 
their ships into these seas, the most rigid orders have been given to 
their commanders to respect, in the fullest possible extent, the rights 
of Spain. When, in the beginning of the last year, a necessity arose, 
from the continued and increased depredations on the commerce of the 
American merchants, to augment the United States' naval armament 



302 [ 2 ] 

in these seas, the same scrupulous regard to the rights of Spain was ob- 
served. Due notice was given to the Spanish authorities, both in the 
mother country, and in the Islands, of the. object and design of this equip- 
ment. The proceedings of the American Legislature, open and un- 
concealed, announced and proclaimed to the whole world, through 
the medium of the press, the object and destination of this augment- 
ed armament. And the officer commanding this squadron,- Commo- 
dore Porter, on his arrival in the West Indies, gave notice to the 
Spanish authorities of Porto Rico, when he approached that Island, 
of the object and design of the expedition under his command He 
found, on his arrival near St. John's, in that Island, the ships of war 
of England, enjoying freely and uninterruptedly, the facilities and 
accommodations of that port. Before attempting to enter with his ships, 
he sent into tiie port of St. John's one of the smallest vessels of the 
squadron, whose commander bore a letter to the Governor of the 
Island, assuring him of the friendly object of his visit to these seas. 
This vessel was permitjted to enter and anchor in the port, and the 
officer to land and hold intercourse with the commandant, in the Fort, 
In the absence of the Governor, who was out of town; whilst the 
Commodore, with the residue of his fleet, lay off a few miles distant 
from the port, but in full view of the Forts, with the American flag 
displayed at the.r mast head, giving assurance of the real character 
of the fleet, which had recently arrived. The officer despatched to 
bear the letter to the Governor of the Island, had with him a copy of 
that letter, which he was authorized to show to the second in com- 
mand, should the case occur of the temporary absence of the Govern- 
or. This copy was shown, and its contents made known, to the 
second in command, the Governor being absent. (A copy of it is here- 
with furnished. ) The American Commodore, finding the vessel de- 
layed in port some days, and much longer than he had expected, still 
forbearing to attempt to enter with his fleet, despatched another ot 
the smaller vessels of his squadron, to bear an order to the officer 
commanding the vessel which lay at anchor in the port. Lieutenant 
Cocke, a young and gallant officer, commanding this latter vessel, in 
obedience of the orders of his commander, sailing into port, unsus- 
picious of hostility from the forts, under pressure of a strong breeze 
and a very high sea, was treacherously and perfidiously fired upon 
from the fort, by order of the second in command in the port of St* 
John's. The wind blowing with great violence, and the sea break- 
ing most dangerously around the vessel, Lieut. Cocke was unable to 
hear if any thing was said, or to comprehend, by the firing of the 
gun, what was the object of the officer commanding in the Fort. His 
vessel, driven on by the force of the wind, and the irresistible power 
of the waves, pursued her course towards the harbor, when the firing 
was repeatedly reiterated, until this gallant officer, in the act of en- 
deavoring, by hailing, to learn the object of fhe fort, was almost 
literally torn in pieces by a bail from a forty-two pounder, discharged 
from this fort. This vessel, thus treacherously and wantonly fired 
upon, carried three guns, and was of little more than forty tons; the 



[2] 



308 



tort mounted nearly live hundred guns, from" thirty-two to forty- 
two pounders* This vessel was then compelled, at the hazard of its 
own destruction, and the loss of the whole crew* to anchor in the bil- 
lows of a sea running continually over her. Her boat was despatch- 
ed with a Midshipman and crew, at whom a large gun was pointed 
as soon as he reached the shore, and he was ordered not to move, on 
pain of being fired on; and, as if to add insult to injury, he was then 
put under guard, conducted, like a criminal, and delivered to the offi- 
cer of the Fort, who had so wantonly murdered his gallant command- 
er. In this case of the murder of Lieut. Cocke, the undersigned is 
directed by the President of the United States to demand of His 
Catholic Majesty's Government that the officer, by whose order this 
act was done, shoukl be brought to trial, and punished for a deed so 
flagrant, wanton, and unprovoked. On this occasion, the undersign- 
ed rests assured, that the indignant feelings of His Catholic Majes- 
ty will correspond with those of the President of the United States, 
and that justice will not be delayed in an instance which so imperious- 
ly requires it. 

The undersigned tenders to His Excellency the Count of Ofalia, 
holding ad interim the office of First Secretary of State and of the 
Despatch, his distinguished consideration, and subscribes himself 

His Excellency's very humble and obedient servant, 

HUGH NELSON. 



(No. 36.) 

Extract of a letter from Mr, Nelson, (No. 35,) to Mr, Mams, datei! P 
Madrid, Juhj \5th, 1824. 

" The change in the Cabinet of H. C. M. in the removal of the 
Count of Ofalia from his office of First Secretary of State, occurred 
two days since, and is disclosed in the annexed document, dated the 
13th instant, which announced this alteration. This place is filled 
*»'ad interim" by Salazar, the Minister of Marine; but the permanent 
appointment is conferred on Zca Bermudez? the Minister of Spain to 
England, who is, at present, not in the Kingdom. This constant 
changing the minister at the head of their foreign affairs* isextremely 
embarrassing to the intercourse which other nations are constrained 
1*> hold with this Government. It will be fortunate for Spain, if 
foreigners alone, feel the evil consequences of this perpetual vacilla- 
tion. The Count of Ofalia is not only deprived of his office, but is 
banished from Madrid, and ordered to retire to his estates in Grenada. 
This removal is regretted by most of the diplomatic corps, who found 
the Count ready in his duties, accessible in his deportment, and easy 
and polite in his intercourse with them." 

*• I have now had the honor to present my respects to four of these 
different gentlemen in about six months. It produces a necessity of 
beginning •• ab ovo" with each new secretary, on all matters of conse- 
quence, on which one may have discoursed, and corresponded re- 



304 [ 2 ] 

peatedly, and in which the hope may have been indulged, that an 
approach was making to the consummation of some desired object.' ' 



(No. St.) 

Extracts of a letter (No. 39,) from Mr. Nelson, to the Secretary of 

State, dated Mcdrid, September nth, 1824. 

"In pursuance of my intention, expressed in a late despatch, I have 
prepared and presented to the Spanish Government, a note, concisely 
recapitulating the communications on the most important subject of 
my correspondence with it. These are, the murder of Lieutenant 
Cocke, the piracies by the vessels from Cuba, and the captures by 
the privateers from Porto Rico and Porto Cabello. The tone of this 
note is somewhat higher than the original communications on these 
subjects. To this I was led by the last newspapers received from 
the Department, in one of which was contained the report of the 
Committee of Foreign Relations on Piracies. Long convinced that 
we should derive more advantage from communicating with this 
Government in a higher pitch than we had used in the previous ap- 
plications, I seized with pleasure the style of this document, which 
I, was willing to consider as an Index of the national feeling, as of 
that of the Government, and notified the secretary, that respectful 
delicacy for his Catholic Majesty, and the expectation that the re- 
monstrances of the American Minister at Madrid would meet the 
prompt attention of this Government, alone restrained the recom- 
mendation of a system of reprisals. That the legislative councils 
would again shortly convene, when it might be anticipated that these 
measures would speedily follow, unless prevented by the measures 
adopted by this Government. In order to prevent all apology for 
delay in taking up this communication, it was translated into Spanish 
by Mr. Appleton. and the translation furnished with the original. A 
copy of this note is enclosed. 

I send also a copy of another note, which I have found it necessary 
to present to this Government, on account of their conduct to Ameri- 
can vessels coming into Spanish ports. 

On the 4th of July, the King issued a royal order, requiring that 
all foreign vessels entering his ports with goods in transit for foreign 
countries, should be compelled to give bond, with good security, for 
producing the certificate of the Spanish Consul residing at the for- 
eign port to which they were represented to be destined, that they 
were actually delivered at such port. This royal order had never 
been published in the papers of Madrid, but had been sent to the sea 
ports, and there communicated to foreign consuls by the local autho- 
rities. My first information of it was derived from our consul, Mr. 
Sterling, at Barcelona. Nothing occurring under it for some time, I 
had not made it a subject of communication, until, within a few days* 
I received information from the same consul, that the authorities of 
Tarragona had proceeded to enforceit against an American vessel in 



[2] 30$ 

that port, where the vice consul had obtained the release of the ves- 
sel, by executing bond with the captain for the fulfilment of. this con- 
dition. I instantly addressed a remonstrance to the Secretary of 
State, urging the repeal of this order, and the cancelling of the bonds 
which should be executed under it. 

This remonstrance was succeeded by another application, of which 
a copy is also enclosed, produced by an incident of a most unplea- 
sant nature. A man, asserting that he is an American citizen, was 
captured with a band of insurgents, who made an unsuccessful assault 
in August, on the town of Almeria on the Mediterranean coast. 
They approached in an armed brig the batteries of the place, and at- 
tempted to force its surrender by a cannonade; they were repulsed 
in this onset. Thirty of the crew afterwards landed, and being 
joined by a number of the inhabitants of the neighborhood, they at- 
tempted to storm the place by attacking it at several points. They 
were baffled in these, and most of those who landed from the brig 
were either killed or captured Among the latter was tins unfortu- 
nate man. Under a royal decree, issued immediately after the affair 
of Tariffa, the sentence of death was promptly pronounced against all 
these prisoners. The Vice Consul, appointed at that place by Mr. 
Barrel, of Malaga, learning that a seaman claiming to he an Ameri- 
can, was included in this sentence, promptly interfered, and, by his 
exertions, suspended, as to this man, for a time, the execution which 
was forthwith carried into effect against the others, including for- 
eigners as Well as Spaniards. Mr. Spencer, the Y'ic.q Consul, made 
his report to Mr. Barrell, who directly transmitted the documents to 
me. I lost no time in laying these, accompanied by my note, before 
the Secretary of State. They were presented last night at eleven 
o'clock by Mr. Appleton, who explained the subject fully* and urged 
the interference of the proper authority immediately to suspend all 
proceedings* until the pleasure of the King could be understood in this 
ease. This man, \e\\ young, had only been twenty-four hours in the 
Bay of Gibraltar, when he was inveigled into this expedition by the 
means of intoxication, and the flattering promises held out to him. 
To the solicitation for his pardon, I have added, in case of failure on 
this point, the assertion of the just claim to a fair trial under the 
right secured by the stipulations of the treaty of 1795." 

"September 13th, 
" With a promptitude very unusual in this Government, and which 
does them honor on this occasion, we last night received the enclosed 
answer to the last application. The King has consented to spare the 
life of the man, and orders that he shall be sent out of this kingdom, 
under a prohibition never to return. I also enclose my note, written in 
acknowledgment of this concession of His Majesty ; in which I have 
ventured, without iustructions, to state the estimate which the Ame- 
rican Government would place on an act of this character." 

" It is said here, that all the agents of France, who have been sefft 
/ 47 



306 [ 2 ] 

out to the New Governments of South America, have gone with the 
sanction of the Government of Spain, and that they are furnished 
with credentials from this Government, to be used by them if occasions 
should make it necessary- From what we have learned, I think we 
are justified in believing that the English Government have resolved 
on some new measure, for the protection of their commerce in the 
West Indies. I am not certain if it extend to making of reprisals, 
■but the Charge d "Affaires who is left here since Sir William A'Court 
departed, acknowledged, that measures had been adopted for the 
effectual suppression of the pirates, from whom their commerce had 
Suffered greatly." 



( No. S7— a. ) 
Mr. Mison to Jlr. Salaxar. 

Madrid, September 7 9 1824. 

The undersigned, the Minister Plenipotentiary of the United States 
Of America, begs leave to call the attention of H. C, M. Government 
i certain subjects of the deepest interest 1o the United States, on 
Which the applications heretofore made by the undersigned, have fail- 
ed to rouse the attention, or to obtain the slightest mark of regard, 
from II, G. Majesty. The undersigned, from delicacy to the Sove- 
reign of Spain, whom lie found, on his presentation, occupied in the- 
re-establishment of the affairs of the kingdom, just emerging from the 
confusion incident to a state of war, has forborne to urge, with the 
vehement pressure which his instructions from his government would 
seem to require, the decisiOns>of Spain on the several reclamations 
which were long time since presented by the undersigned to H. C. 
Majesty's Secretary of State. 

On the 10th day of January last, the undersigned had the honor to 
address to the Secretary of State of II. C. M. a reclamation on the 
part of his Government in behalf of its citizens injured by the illegal 
and piratical conduct of the subjects of H. C. M. in the West Indian 
seas. It was represented, that property to a very large amount had 
been captured, and sent into the ports of H. C. Majesty, in his Ame- 
rican possessions, in many instances against all law and justice, by 
pirates; who, after committing the most atrocious and nefarious deeds, 
sought and found shelter and asylum, in the islands, and often in the 
most conspicuous ports and harbors, with the fruits and profits of their 
inhuman outrages. In many instances, these atrocities were perpe- 
trated not less in defiance of right and justice, by persons pretending 
to act under the color of authority, but whose authority has never been 
justified; and which, if justified, would never sanction these transac- 
tions; masked by a character of piracy and rapacity which no commis- 
sion could justify. In the cases of robberies committed by the Spa 
nish vessels acting as pirates, the American property thus plundered, 
w as often carried into the ports of Cuba, and especially of the Ha= 



[2] 



30' 



vana, and there, in the most open and daring manner, exposed to sale, 
in the view of the local authorities, unrestrained and unchecked by 
their slightest interference. American citizens have seen their pro- 
perty, thus violently and feloniously taken from them, offered for sale 
in open market, without the protection of the local government in the 
assertion of their rights, and deterred from the vindication of their 
just claims, by the fullest conviction that they would find no support 
in the Government of the Island, but would nicety in all probability* 
as the requital of their temerity, the fiend-like vengeance of the mur- 
derous assassin. In other instances, where the property of the Ame- 
rican citizen has been captured under color of authority in the vessel 
making the capture, the conduct of the captors has been scarcely less 
flagrant than that practised by the pirates. Oftentimes lias the booty, 
found in the American vessel, been partitioned among the plunderers 
without going into port, and distributed, without legal adjudication, by 
these lawless robbers; and when carried, occasionally, into port, a 
secret? unknown? and unfrequented port has been resorted to ; where 
law and justice were disregarded, and where every means of obtain- 
ing right was denied to the parties concerned — unapprized of the pro- 
ceedings—and not permitted to avail themselves of the customary 
means of vindication. In the prosecution of these felonious practices, 
American citizens have been seized and thrown into prison, and 
there cruelly detained, often in a horrible state of suffering, almost 
without the indispensable necessaries for human subsistence. In some 
instances, their property, which the merciless captors had spared, 
and sent into port, has been wasted and embezzled to such an extent, 
that, when the mock trial to which it had been subjected, had termin- 
ated? even in their favor, the subject of controversy could no longer be 
found. Thus, has every species of abuse of the rights of person and 
of property of American citizens been practised in these regions. 
The local authorities have been appealed to in vain; the Government 
of Spain has been appealed to, as yet without effect; the reclamations 
are again renewed; tlje patience of the American Government is tried 
to its fullest extent of sufferance; and the day is probably not very dis- 
tant? when the necessity of warding off these reiterated and aggravat- 
ed injuries? and the obligation of doing justice to its citizens, may 
compel the Government of the United States to resort to measures of 
a more efficient character for prevention of injury, and the redress of 
wrongs. This interesting subject has already claimed the attention 
of the legislative councils of the nation, They have hitherto forborne 
to recommend the adoption of measures of reprisals, from a desire to 
manifest their friendly dispositions to H. C, Majesty, and from the 
hope, that the reclamations, long since presented by their Minister 
near this Court? would speedily receive attention, and be followed with 
his Majesty's answer and determination on these important questions. 
At no very distant period their councils will, in the regular course ot J 
their proceedings? be again assembled at the seat of the National Go- 
vernment, when, doubtless, this subject will again be revived by them? 
and such measures as the existing evils? and the disregard on the pari 



80S [ 2 ] 

of JJis Majesty, of the demands hitherto presented hy the American 
Minister, will form with them, irrefragable arguments for the adop- 
tion of a more efficient system of energetic policy. The undersigned 
has presented, in different appeals, to the Government of his H. C. 
Majesty, the various subjects of complaint which have arisen from the 
misconduct of His Majesty's officers and subjects in his ultra-marine 
possessions. One of the most prominent and aggravated, was the sa- 
crifice of a gallant officer of the American navy, whilst peaceably en- 
tering the port of St. John's, in Porto Rico: who was most wantonly 
and treacherously murdered by a gun from the fort, fired by the order 
of the officer at that time in command, in the absence of the Governor. 
In this instance, the American Government demands that this subject 
shall be rigorously investigated, and an adequate punishment inflicted 
on the officer by whose command this outrage was perpetrated. 

An appeal has likewise been made to His Catholic Majesty's Go- 
vernment on the subject of the multiplied piracies which have been 
committed on the peaceable American commerce, in the West Indian 
seas by vessels equipped and sailing from the ports of His Majesty's 
possessions in these regions, on which reiterated complaints have 
been made to the local authorities without effect; and on which the 
interference of His Majesty has been required, to compel those au- 
thorities to fulfil their duty in this regard, by effectual measures for 
the suppression of the pirates, and by co-operating with the squadron 
of the United States, sent into these seas for the extirpation of this 
scourge to the honest and lawful commerce of the whole civilized 
world. 

Another demand upon His Majesty's Government has been made 
for indemnification against the enormous losses sustained by the 
American citizens, from the captures made by vessels pretending to 
act under commissions issued by agents alleging to be authorized by 
Ilis Catholic Majesty. 

The authority to issue these commissions has never been proved^ 
the right to issue them, on the principles avowed of a paper blockade, 
without adequate force; of an interdiction of all neutral commerce 
with the ports of the Spanish main, on the alleged ancient rights of 
Spain over thatcountry; has always been resisted and protested against 
by all neutral nations, and especially by the United States, and re- 
linquished by His Majesty's officers in that region, and finally re- 
nounced or abandoned by His Majesty himself, in his decree of De- 
cember last, opening the commerce of these countries to all the 
world. On this subject the undersigned, in obedience to instructions 
of his Government, demanded that a just indemnification should be 
made to all the American citizens who had suffered any loss in con- 
sequence of these illegal acts, done under color and pretence of His 
Majesty's authority, but really perpetrated in violation of all laws 
and justice, whose obligation is acknowledged by all the civilized 
nations of the world. The release of all citizens, and surrender of 
all American property, whose condition had not been changed, but 
was unjustifiably and illegally detained, was also required. 






r 23 



309 



Tire undersigned begs leave to present to His Excellency this ra- 
pid and cursory sketch of the most important subjects of complaint, 
which he was instructed to press upon the Government of His Catholic 
Majesty. He begs to refer His Excellency to the different notes 
presented by him, dated the 10th and 23d of January, and the 3d of 
February last, in which these grievances are more minutely and 
specially detailed, and where the appropriate and specific redress 
demanded, is more explicitly and at large stated, than the under- 
signed has considered it necessary at this time to recapitulate. 

The undersigned begs leave to urge upon His Excellency the ne- 
cessity of an early answer to these applications, that his Government 
may learn how far the spirit and disposition of an harmonious inter- 
course is reciprocated towards the United States by His Catholic 
Majesty; that they may be confirmed in that opinion which they have 
ever entertained, that an appeal to His Majesty's honor is only ne- 
cessary to obtain the redress of grievances inflicted without his sanc- 
tion and authority ; and that the United States may be relieved from 
the painful necessity of deciding that an appeal to a more energetic 
policy, totally at variance with their ardent desire to preserve har- 
mony, and avoid collision, is, at length, become absolutely and indis- 
pensably necessary. 

The undersigned tenders to His Excellency his most distinguished 
consideration, and subscribes himself, 

His Excellency's very humble and obedient servant, 

HUGH NELSON. 
To His Exc'y D. Louis Maria be Sa^azar, 

First Secretary of State and of the Despatch, ad interim. 



( No. 38. ) 
Extract of a letter from Mr. Nelson, No. 42, to Mr. Mams, dated 
Madrid, Oct. 4 M, 1824. 
" I waited upon Mr. Zea, yesterday, and had an opportunity of 
conversing with him on that subject, as also upon others of importance. 
He assured me that, in a very few days, I should receive an answer 
on the subject of this debt, which he did not doubt would be perfectly 
satisfactory. That there was every disposition on the part of his 
Majesty's Government to afford the aid requested, and that every 
thing that could he done would be complied with to effectuate the 
object. I then stated to him the subject of the claims of American 
citizens for spoliations on their commerce in the West Indies, by ves- 
sels pretending to act under comrnisssions which had never been le- 
galized; and which, if legalized, would never sanction the piratical 
acts which they had perpetrated, under pretext of these commissions. 
He assured me that he would, forthwith, undertake the examination 
of the correspondence on this subject. He would not content himself 
with assuring me that he would devote tlje first leisure he should 
have to this object, but that he would enter upon it promptly, ani! 



310 |_ 2 ] 

avail himself of every occasion to obtain an acquaintance with the 
whole matter. I urged upon him the necessity of enabling me to 
communicate, immediately, to the American Government, the views 
of Spain on this interesting subject; that the attention of Congress 
would doubtless, be turned to it at a very early period of their ses- 
sion; that it had been reviewed by them at their late session, and 
they had forborne to adopt some measure of energy for the relief of 
the American commerce, simply from deference to their wish to main- 
tain the friendly relations with Spain inviolate, and from a hope that 
the appeals made by the American Minister at Madrid to His Catho- 
lic Majesty's Government, would meet with a proper attention, and 
produce the desired effect of a friendly adjustment of all existing dif- 
ferences. I assured him of the earnest desire of the Executive of the 
United States to maintain unimpaired the friendship between the two 
Governments, but that I would not assure him how far the influence 
of this feeling might operate with the Legislature to control th»e 
adoption of energetic measures, even to the extent of making reprU 
gals on the commerce of Spain, unless Spain should manifest a dis- 
position to pay a due regard to the reclamations which had been pre- 
sented upon this subject. I stated that the Count of Ofalia had as- 
sured me, that the new Minister to the United States should be in- 
structed and empowered to treat upon this matter at Washington, as 
being most convenient to the place where these transactions had oc- 
curred, ar.d more convenient for obtaining the necessary testimony. 
He then remarked on the death of the Chevalier Isnardi, and said that 
he had not yet had leisure to designate a fit person for this mission: 
but that this would soon be done. He was informed that Congress 
would meet in the beginning of December, before which the Ameri- 
can Government ought to receive the answer of Spain to the com- 
munications made on this subject. He reciprocated the anxious wish 
of His Majesty to preserve the harmony between Spain and the 
United States, and that he, personally, felt the influence of the same 
consideration." 



( INo. 39. ) 

Extract of a letter from Mr. Nelson; to the Secretary of State, «/Vb. 43,, 

dated 

Madrid Oct nth, 1824. 

•'» The despatch, No. 39. has presented the correspondence with this 
Government, in the case of John B. Pechut, an American citizen, 
taken with the band of insurgents at Almeria, in the kingdom of 
Grenada. From that you will have learned that the king had con- 
sented to his pardon, on condition of his being sent out of his domi- 
nions, never to return to them. Whilst I was in the daily expectation 
of receiving intelligence of the happy release of Pec-hut, under this 
act of clemency, 1 had the mortification to receive communications 



C»3 



311 



from Mr. Barrel, and his Vice Consul Mr. Speucer, acting at Almeria, 
and who was so prompt and active as to obtain from the local au- 
thorities the suspension of Fechut's execution, giving the melancholy 
news of the execution of this unfortunate man, under a positive order 
from the Captain General of Grenada — this same ruffian Qucsada, 
who had been sent from Madrid for conniving at the assassination of 
some of the French soldiers. I learn that the military government of 
Almeria, on the application of Mr. Spencer, claiming this man as an 
American citizen, and informing the Governor that the case would be 
sent to the American Minister, to be presented to H. M. had sus- 
pended the sentence until the pleasure of the king should be known. 
The Military Governor made a report to the Captain General Qucsada, 
stating the fact that the case had been suspended on the claim made of 
the American citizen, and that an appeal was in progress to H. M. for 
his directions in reference to the prisoner. Yet, notwithstanding this 
full knowledge, Quesada immediately replied to the military Governor's 
report with a peremptory order for the prompt execution of Pechut- 
The subordinate officer conceived himself bound to obey the command 
of the superior, and the execution was effected upon this poor man on 
the 10th of September. Instantly on receiving the information of the 
facts, I addressed a note to the Secretary of State, couched in the 
terms which my feelings dictated, and as strong as the proper deco- 
rum would justify. The Secretary replied immediately, asking infor- 
mation in regard to dates. To his note I replied forthwith, much in 
the spirit of the first communication. The copies of this correspond- 
ence accompany tins despatch. I have nothing further from this Go- 
vernment on this subject. 

I also send a copy of a note addressed to the Secretary, dated of 
this -day, written with the design of obtaining some answer in rela- 
tion to our demands on the subject of the spoliations on our com- 
merce in the West Indies, in the hope of getting something in time to 
enable the President to show to Congress the state of this question 
between the two Governments. It must come very soon to be in time. 
I have talked and written continually, on this subject, without effect. 
If this terror of reprisals on their commerce, do not bring forth 
something, I shall despair of vanquishing Spanish apathy, and shall 
think the energy of the Committee of Foreign Relations will not be 
excessive — even if it should extend to the recommendation of doing 
justice to our citizens, by something more effectual than negotiation. 

If I might presume to advise, I should, at least, think it prudent to 
forbear for a reasonable portion of the session; giving Spain time to 
answer, so as not to lose the occasion of acting upon this subject 
during the session. Some allowance must be made for the perpetual 
change in their councils, and some respect may be due to Count 
Ofalia's promise given, to authorize the new Minister, who should go 
to the United States, to treat upon this important question.' 5 



812 £ 2 ] 

( No. 39— fl. ). 

. Mr. Nelson to Mr. Bermudex, 

Madrid, October 6, 1824. 

The undersigned, the Minister Plenipotentiary of the United Stated 
of America, has the honor to communicate to Bis Excellency, that he 
has, this day, experienced the deepest mortification, in learning from 
the American Consul at Malaga, and the Vice Consul at Almeria, 
that the inexorable rigor of the Captain General of Grenada has 
cruelly defeated the benignant clemency of His Majesty, which, on 
the application of the undersigned, had been graciously extended to 
an American citizen, John Baptist Pechut, seduced, through igno- 
rance, into a combination with others, charged with an attempt to dis- 
turb the repose of His Majesty's dominions. This unfortunate young 
man, just arrived in the port of Gibraltar, in less than 24 hours after 
his reaching this port, was beguile by the artifice and seductions of 
subtile and insidious men, to engage in an enterprize, the object of 
which, as disclosed to him, was, in no manner, levelled against the safe- 
ty or power of His Catholic Majesty. The undersigned had the honor to 
address to His Excellency, the then acting Secretary of State, on the 
9th ultimo, his appeal to His Majesty's clemency for the exercise of 
his most glorious and divine-like attribute of mercy to the unfo rtunate; 
this appeal was promptly answered, by the assurance that His Ma- 
jesty, actuated by that clemency, which it is His Majesty's highest 
delight to practice on all just occasions, and by a wish to manifest 
his feelings of respect and friendship to the representative of the 
American Government, had granted a pardon to this unfortunate, 
deluded young man; and by the communication of the information, 
that an order to that effect had been, immediately, transmitted to His 
Majesty's Secretary for the Department of War, with instructions 
that Pechut should be placed at the disposal of the undersigned; to be 
sent out of His Majesty's dominions, and to incur the sentence of per- 
petual banishment from them. The undersigned, under the influence 
of those feelings, which this act of clemency was calculated to inspire, 
lost no time in making to His Majesty the proper return of the ac- 
knowledgments of his Government and of his own personal sensibility 
for this distinguished mark of liberality. The undersigned imme- 
diately communicated to his Government this act of clemency on the 
part of His Catholic Majesty, as a new evidence of His Majesty's disposi- 
tion to cherish and fortify the harmony and friendship happily subsisting 
between the two Governments. His Excellency cannot fail to ap- 
preciate the indignant sensibility with which the undersigned must 
receive the report from the American Consul, that the unrelenting 
severity 7 of one of His Majesty's officers has baffled the gracious pur- 
poses of his royal clemency, and get at naught the sacred obligations 



[2] 818 

of existing treaties, which, at least, pretend to assure to the citizens, 
or subjects of either, in the jurisdiction of the other, a just and fair 
trial for alledged offences or crimes against their laws. But the un- 
dersigned must experience still deeper regret, when, in the execution 
of his duties to his own Government, it shall devolve upon him to 
announce to it, that the highly lauded humanity of His Majesty has 
been counteracted by the infuriated vengeance of an arbitrary Go- 
vernor of a province — and that His Majesty's design of according to 
the Representative of a friendly power, a new evidence of his sincere 
wish to cultivate their good will, has been converted into an instru- 
ment of discord and irritation by a blind surrender to the most vin- 
dictive feelings. 

The undersigned feels constrained to ask of His Excellency, that 
the officer, whose conduct has produced this unhappy disappointment, 
may be called upon to answer for this unjustifiable act; and that, 
henceforward, should any American citizen be unhappily placed in a 
situation subjecting him to be proceeded against judicially in Spain, 
to demand that the rights, secured to them by treaty, shall be most 
scrupulously administered, in all cases, by the tribunals of His Ca- 
tholic Majesty. 

TSie undersigned has the honor to tender to His Excellency the 
consideration of his most distinguished regard, and to subscribe him- 
self, 

His Excellency's very humble and ohed't serv't. 

HUGH NELSON* 
His Excellency Don Francisco Zea Bermudbz, 

His Catholic Majesty- s First Secretary of State, «$•& 



( No. 39.-6. ) 

Don Francisco tie Zea Ikrmudez to Mr, Nelson* 

[translation.] 

Sir: The sad communication which you were pleased to make to me, 
in your note of 6th current, which came to my hands at half past 8 
o'clock this morning, referring to the pardon which the King, my au- 
gust master, with his natural clemency, judged good to grant to John 
Pechut, in whose favor, as an American subject, you were pleased 
to interest yourself, not having had the desired fulfilment, has caused 
to me the most lively grief. 1 am certain that His Majesty, to whom 
I shall hasten to give an account of this unfortunate occurrence, will 
learn, with the most sincere sorrow, that his beneficent disposition, in- 
tended to prove more and more his friendly sentiments to your Go- 
vernment, has not been realized. Anticipating his royal orders, I 
have not lost a moment in communicating the proper orders, that all 
the circumstances relative to the trial and sentence of the uufortu- 
48 - 



814 [ 2 ] 

natePechut, may be investigated with scrupulous exactness, includ- 
ing the fixed times of the despatch and arrival of the royal orders, 
communicated in this business, which were sent from this chief office, 
under my charge, without the least delay, on the 11th of last month, 
as I had the honor of informing you on the same day. You need not 
doubt, sir, that the known rectitude of His Majesty will severely 
punish any fault, omission, or disobedience to his royal commmands v . 
if any such have taken place in this affair; and, in the whole case, I 
shall consider it as a duty, sir, to inform you, circumstantially, of the 
result of the investigations ordered, and of the consequent resolution of 
His Majesty, for your information and satisfaction. In the mean- 
time, and to elucidate farther this painful event, I request you will 
have the goodness to transmit to me, with due precision and punctu- 
ality, all the data relative to it, which may have come to your know- 
ledge; resting assured that, on my part, I shall omit no means with- 
in the compass of my power, to evince to you the distinguished value 
Which His Majesty's Government sets upon their friendly relations 
with yours, and of their constant exactitude in observing justice and 
treaties. 

I embrace, with pleasure, this occasion of renewing to you, sir, 
the sentiments of my most distinguished consideration. God pre- 
serve you many years. 

FRANCISCO DE ZEA BERMUDEZ. 

Sax Lorenzo, 8th Oct. 1824. 



( No. 39.— c ) 

Mr. Nelson to Mr. Bermudez. 

Madrid, October 9, 1824. 

The undersigned, the Minister Plenipotentiary of the United 
States of America, lias the honor to acknowledge the receipt of His 
Excellency's note of the 8th instant, which was received this morn- 
ing, and to state, in reply, that he is informed, by letters from the vice 
consul at Almeria. that, on the 25th August last, on his urgent soli- 
citation, the military governor and junta of Almeria suspended the 
execution of Pechut, who had been previously, with others, made a 
prisoner; and that they gave an assurance to t\ic American vice 
consul, on his representation, that this subject would be immediately 
laid before His Majesty's government^ that his sentence should be 
respited until His Majesty's pleasure should be known. The Ameri- 
can vice consul proceeded to correspond with the consul at Malaga, 
who transmitted the documents to the American minister at Madrid, 
who, immediately on their receipt, addressed the Secretary of State 
on the subject, who promptly returned the assurance of His Majes- 
ty's pardon. The further correspondence of the American vice con- 



[2] 815 

uu\ at Almeria, informs the undersigned that the military governor of 
that place, on the 29th of August last, suspending the execution of 
Pechut, on the vice consul's representations of the case being in a 
course to be submitted to His Majesty's pleasure, presented the sub- 
ject to His Excellency the Captain General of the kingdom of Gre- 
nada, stating the reasons which induced the suspension of Pcchut's 
execution, being those which the American vice consul offered at the 
time that the declaration of the said Pechut was made before the mi- 
litary governor of Almeria, and the junta associated with him. This 
declaration accompanied the first note of the undersigned to the Se- 
cretary of State on this subject. The Captain General of the king- 
dom of Grenada, in defiance of the knowledge conveyed to him by 
the military governor of Almeria, that this case of an American citi- 
zen, claimed by the American representative, was in course of sub- 
mission to His Catholic Majesty, on the 6th of September proceed- 
ed to order the execution of Pechut, and enjoined upon the authorities 
implicit obedience to this command. The military governor of Al 
meria, having received this peremptory command from his superior, 
who was fully informed of all the facts of the case, and especially 
made to know, that an appeal to his Majesty's clemency was in pro 
gress, for the pardon of this unfortunate young man, conceived him- 
self bound to execute this sanguinary order; nor could the remon- 
strances, protests, and appeals, of the American vice consul, produce 
any effect in mitigating or suspending this inexorable sentence, which 
the undersigned learns was cruelly fulfilled on the evening of the 
10th of September. The undersigned presents this case to His Ex- 
cellency, not as one of complaint against the Captain General for 
disregard of His Majesty's command, which would be an affair en- 
tirely between His Majesty and the officer, with which a foreign go- 
vernment could have no right to interfere; but as a complaint against 
this officer for a total disregard of the rights of a foreign power, se- 
cured by the sacred obligations of a treaty, which the military gover- 
nor and junta of Almeria, not less zealous in the service of His Ma- 
jesty, than the Captain General himself, deemed of sufficient force to 
induce them, in the iirst instance, to suspend Pechut's execution: As 
a complaint against the Captain General of Grenada, for presuming 
to decide a question between a foreign government and His Catholic 
Majesty, wresting the authority from the higher tribunals, by a de- 
cision not to be reversed from the unhappy condition of the unfortu- 
nate victim, outraging the rights of a foreign nation, presumptuously 
anticipating the judgment of His Majesty, and defeating the humane 
and benevolent designs of His Majesty, in extending his clemency to 
a deluded and ignorant victim, uninfluenced by any sentiment of hos- 
tility to the sacred rights of His Catholic Majesty; a complaint that 
this officer remained inexorable to an appeal which aroused the 
sympathies of the tribunal which first investigated the case, and 
which, at the first blush, met in the clemency of His Majesty, a sym- 
pathising sentiment sufficient to produce an immediate order for the 
pardon of the unfortunate Pechut. The undersigned closes this with 



316 [2] 

feelings of the deepest regret, and laments that an ohlcer in his Ma- 
jesty's service, high and distinguished by his confluence, should be 
found manifesting an overweening zeal, by the perpetration of acts 
from which humanity revolts, and from which the benignant clemen- 
cy of His Majesty's heart must recoil with the deepest abhorrence. 
The undersigned begs to repeat his earnest appeal to His Majesty 
to cause the subsisting treaties between Spain and the United 
States to be fulfilled, should any cases occur wherein American citi- 
zens may be so unfortunate as to be involved in criminal prosecu- 
tions in Spain, and to renew to his Excellency the tender, &c. &c. 

HUGH NELSON. 

To His Excellency Don Francisco de Zea Bermudez, 

H. C, M. First Secretary of Stale and of Despatch* 



(No. 39— d.) 

Mr. Nelson to the Secretary of State and of Despatch. 

Madrid, October 12, 1824. 

The undersigned, the Minister Plenipotentiary of the United State?; 
of America, salutes His Excellency., and asks to call his attention to 
the topics on which they conversed, when last the undersigned had 
the honor of an interview with His Excellency; but especially to 
that which concerned the claims of the American citizens, for spolia- 
tions on their commerce in the West India seas, committed by Spa- 
nish cruisers, in violation of the laws of nations, and the peaceful 
relations subsisting between Spain and the United States. The un- 
dersigned is led to recall this subject to His Excellency's recollection, 
from an apprehension that the great pressure of important business, 
at this time occupying His Excellency's attention, may have dimin- 
ished the force of his recollection, in regard to communications made 
in a personal conference, and not in writing; and from an earnest 
desire to prevent, by all means, the chance of the friendly and har- 
monious relations between the two countries being brought into the 
hazard of collision. The undersigned had the honor to state, that 
this subject had been presented to His Majesty's Government on the 
1 th of January last; that it had been continually recalled since, 
both in writing and in conversation, at intervals, to its recollection; 
that it had been presented to the Secretary of State "ad interim," 
\vho had preceded His Excellency; and was, lastly, presented to His 
Excellency, accompanied by the information, that the maintenance 
of the friendship and good feelings between the United States and 
Spain seemed to make it highly important that Spain should turn 
her attention to the subject as soon as possible, and give an answer 
to those repeated remonstrances, which the undersigned might com-? 
municate to the Government of the United States, as the evidence 



[2] 317 

that Spain was not wholly inattentive to a subject to which the. United 
States attached so much importance. The undersigned had the honor 
to urge upon His Excellency the necessity of a speedy reply, because 
of the approaching session of the American Congress, before whom 
there was great reason to believe, tiie President of the United States 
would consisider it accessary to lay some report, in reference to this 
subject, so interesting to a large class of the American community; 
and, also, because the Congress of the United States had, at their last 
session, turned their attention to this subject, but had foreborne to 
recommend measures of energy, by possibility extending to measures 
of reprisal on the commerce of Spain, purely from deference to their 
anxious desire to maintain, unimpaired, their friendly relations with 
Spain, and from the hope which tliey entertained, that a strong sense 
of justice on the part of Spain, would induce her to give a just atten- 
tion to the remonstrances on the subject, presented by the American 
minister near His Catholic Majesty. The undersigned had the honor 
to state that he was authorized to say, that the Executive of the United 
States felt an anxious wish to preserve, undisturbed, the harmonious 
relations, and the friendly sentiments, between the two Governments; 
that he, the undersigned, personally felt the influence of the same strong 
feelings; but that he did not feel justified in expressing the opinion, that 
the same influence might operate with the National Legislature to the 
extent of protracted forbearance, after the lapse of twelve months, 
expended. in fruitless efforts, on the part of the American Minister, 
to induce the councils of his Majesty to turn their attention to the 
appeals of a friendly nation, bound to protect its citizens, and to ob- 
tain justice for them, aggrieved by the misconduct of the officers of 
another nation. The undersigned begs leave to inform his Excel- 
lency, that the Congress of the United States will commence its ses- 
sion on the sixth day of December ensuing ; at which time it would, 
doubtless, be highly agreeable to the American Government to be in- 
formed of the disposition of His Catholic Majesty to meet their recla- 
mations in the most amicable manner, and of His Majesty's determi- 
nation to adopt such a plan of accommodation of these matters of dif- 
ference between the two Governments as shall comport with the great 
principles of justice, and with the just obligations of a friendly na- 
tion to indemnify others, injured by the misconduct of its officers, in a 
manner satisfactory -to the nation whose citizens have sustained the 
injuries. 

The undersigned has the honor to renew to His Excellency the 
tender of his most distinguished consideration, and subscribes himself 
His Excellency's very humble and obedient servant, 

HUGH NELSON. 

His Excellency Don Francisco de Zea Burmudez, 

H. C. M. First Secretary of State and of Despatch, 



18th CONGRESS, [ 47 ] 

2d Session. 



EEPORT 

0/the Committee of Foreign Relations of the House of Representatives** 
on Piracy and Outrages on American Commerce bij Spanish Priva- 
teers. 



JANUARY 31, 1825. 

Bead, and referred to the committee of the whole House to which is committed the 
" bill providing additional means for the suppression of piracy." 



The Committee of Foreign Relations, to whom was referred so much 
of the President's message to Congress at the opening of the pre- 
sent session, as relates to piracy and the outrages committed upon 
our commerce by vessels bearing Spanish commissions, and the 
memorials from different quarters of the Union on the same subjects, 
availing themselves of the documents accompanying the President's 
message to the Senate, of the 13th of January, which have been 
printed by order of that body, present to the House the result of 
their deliberations upon the subject submitted to them: 
From the commencement of the Revolution, which has terminated 
in the separation of Spanish Continental America from Old Spain, 
the commerce of the United States, in common with that of all other 
nations, has suffered frequent outrages from the vessels of the adverse 
parties duly commissioned, with doubtful commissions, and from pi- 
rates who sought to conceal their true character by the use of the 
flag of some one of the belligerents. Constant efforts have been 
made by this Government to redress injuries suffered, and to prevent 
future outrage. Congress have, at all times, been prepared to give, 
and have afforded all the means necessary for these purposes within 
their province. 

The act of the third of March, 1819, was passed specially to pro- 
tect the commerce of the United States, and punish the crime of piracy. 
It gave to the President power (a power, however, which the Presi- 
dent possesses without an act of Congress) to employ the public armed 
vessels of the United States to protect our merchant vessels and their 
crews from piratical aggression and depredation, to authorize the 
detention, capture, and trial of any armed vessels which attempted 
any piratical depredation, search, seizure, or restraint of an Ameri- 
can vessel. It authorized our merchant vessels to capture armed 
.ships not commissioned by a friendly power, and to recapture ves- 



2 L47] 

sels taken by them, and it directed the condemnation of the ves- 
sels so captured or recaptured; it provided for the punishment of the 
pirates, when convicted by the competent tribunals. This act was 
limited to one year, but was continued in force by the act of May 1 5, 
1820, for two years, and the first four sections made perpetual by the 
act of the 30th January, 1823. 

The re establishment of the Constitutional Government in Old 
Spain, in March, 1820, inspired the strongest hope that the contest 
between Spain and Spanish Continental America would be soon ami- 
cably terminated, in a manner satisfactory to the parties at war, to 
the commercial and civilized world, and to all the lovers of humanity, 
justice, and liberty. The first movements of the regenerated govern- 
ment promised a speedy realization of this hope. 

The Cortes of Spain directed negotiations to be opened with Spa- 
nish America: commissioners were appointed; but the contending par- 
ties did not take the same view of the great questions between them. 
Old Spain would not admit the recognition of the independence of 
the Spanish American Governments, as the basis of negotiation; and 
the Spanish American Governments would not negotiate without that 
preliminary recognition. While these abortive attempts at negotia- 
tion were made, there was a temporary cessation of hostilities in Ve- 
nezuela. The war, however, was renewed in Venezuela before the 
negotiations were broken off. Fortune favored the Americans; and 
the European Spaniards were driven from the continent. During this 
desperate contest, General Morales, the commander of the Spanish 
forces, issued his extraordinary proclamation, declaring a coast of 
twelve hundred miles in a state of blockade, and interdicting all 
foreign commerce with the Spanish Main, as inconsistent witli 
the colonial law of Old Spain. This proclamation has been the fruit- 
ful source of most of the evils since suffered by all commercial 
nations in the. West Indies, and in the Gulf of Mexico. Numerous 
pirates, and swarms of privateersmen, (subsequently degenerated into 
pirates.) have preyed upon all neutral commerce. Protection to that 
of the United States should have been, if it has not been, afforded— 
against pirates, by the use of all the necessary means under the con- 
trol of the Executive; by a vigorous exertion of the naval power; by 
incessant watchfulness on the seas, and on the coasts infested by them; 
rigorous examination of all suspected vessels of every size; ardent 
pursuit of the persons found flagrante delicto, wherever they sought 
refuge; careful prosecution, before the competent tribunals, of all the 
accused, who were taken; unrelenting severity in inflicting punish- 
ment, where guilt was judicially established — against privateersmen, 
by appeals to the government of Spain, requiring immediately redress 
for the past, and security for the future: if made in vain, application 
she uldhave been made to Congress, to authorize reprisals, or to declare 
war, as the extent of the injury, and a due regard to the condition of the 
Spanish government should have required. A further reference, how- 
ever, to the past, would not be useful. For the present, and for the 
future, if legislative provisions are necessary, they should be made. 



[47] 8 

Piracy at present exists in the same form as in the year 1822, when 
a species of naval force, supposed to be particularly adapted to sup- 
press it, was placed at the disposal of the Executive. This force was 
believed to have answered the expectations entertained of it, as the 
President, at the opening of the last session of Congress, announced 
that " it had been eminently successful in the accomplishment of its 
objects." If further experience has shown that this species of force 
is inadequate to the accomplishment of the object, and that another 
may be advantageously substituted, there can be no doubt of the pro- 
priety of the substitution. This is a point, however, that the com- 
mittee do not consider it their duty to examine: it belongs properly to 
another committee, the result of whose deliberations upon it has been 
already presented to the House. The merchants of the United States, 
who have, with the exception of our seamen, the deepest interest in 
this subject, suggest the propriety of suffering the owners of vessels 
to arm for their own defence. There is no law forbidding such de- 
fensive armament, nor is any law required to justify it. It is, how- 
ever, asserted, that the restraints upon the armament of merchant ves- 
sels are inconvenient and oppressive, and that they ought to be remov- 
ed. The only prevision on this subject is, that which requires bond 
and security to be given to prevent an unlawful use of the armed ves- 
sel; a provision which should not be changed — an adherence to which 
the best interest of commerce requires. 

The propriety of authorizing by law the pursuit of the pirates on 
land, has also been a subject of consideration. The committee do not 
deem an act of Congress for this purpose necessary. The rule of in- 
ternational law is, that fugitives from the justice of one nation are to 
be considered in another as strangers entitled to protection, and having 
a right of residence; on the common principle, that no nation has a 
right to punish a person who has not offended itself, nor is it bound to 
assist its neighbor in the execution of its criminal laws. Pirates are cri- 
minals against all nations, punishable, in every tribunal: the common 
enemies of mankind; the duty of all nations, and every man is, to hunt 
them down, that they may be delivered up to offended justice. Fresh 
pursuit of enemies into the territory of a common friend, is not univer- 
sally admitted to be a right of war. Powerful nations never permit 
feeble neighbors to enter their territory for this purpose, but enter with- 
out scruple in pursuit of their enemies, the territory of such neighbors, 
unless restrained by the apprehension that the mutual friend seeks a 
fair occasion to become an ally against them in the war. Practical- 
ly, the question is one not of right, but of relative power. The pursuit 
of a mutual enemy into the territory of a friendly or allied power, is a 
right of war: it cannot be deemed a violation of the sovereignty of 
that power; it confers a favor, and imposes upon him an obligation of 
gratitude. 

The common enemy cannot avail himself of the protection of the 
territory of the third power, but by surrendering himself as prisoner 
of war, and in that event, if the force of the pursuer w T as the caus£ 
of the surrender; the pursuer might rightfully claim the benefit of 



4 [ 47 ] 

the surrender. Under this rule the pursuit and capture of pirates 
any where, and every where, may be justified. The Executive has 
acted upon it. Instructions have been given to our naval command- 
ers to pursue, and capture on Spanish territory, pirates who seek 
refuge or concealment there. The government of Spain has been 
duly warned of the existence of these orders; it knows that they 
will be obeyed. ]So remonstrance has been made by it; no objec- 
tions have, as far as the committee have been informed, been urged. 
The acquiescence of Spain is all that should be desired. A distinc- 
tion is supposed to exist between pursuit of pirates on lands unin- 
habited, and on those inhabited; and it is imagined that the autho- 
rity of Congress is necessary to justify pursuit in the latter case, 
while in the former, the power of the Executive alone is sufficient. 
The committee do not admit the correctness of this distinction. 
Fresh pursuit is justifiable in either case, if necessary to the capture 
of the pirate. There is greater danger of collision with the friendly 
power, when the object of pursuit Hies into a settled country, and 
greater care is requisite to avoid giving offence; but the same prin- 
ciples apply to either case, and it is just as necessary that Congress 
should legislate to justify the capture of pirates, as to authorize the 
pursuit of them into any place of refuge inhabited or unsettled. 

From an attentive examination of the letters of the agent who was 
sent to Cuba to obtain information, relative to the pirates who have 
long infested the coast of that island, it would seem that no fresh pur- 
suit on land will eradicate the evil. Authority must exist to search in 
the suspected settlements for persons believed to be guilty of piracy, 
and for the evidence of their guilt, and to bring them before our 
tribunals for trial and punishment. This authority Congress can- 
not give without making war upon Spain. It cannot be used without 
wresting from Spain her municipal jurisdiction. The evil lies too 
deep to be reached by any ordinary measures, which foreign powers 
can apply to it. 

The government of Spain must give to the local authority what it 
is said to w r ant, — sufficient strength to prevent and to punish crimes: 
it must perform its duties, or those who suffer from its neglect or 
weakness will be driven, by the necessity of the case, to apply the 
corrective. The committee would bring more distinctly into view 
the only efficient remedy, and recommend a resort to it, if they be- 
lieved sufficient time had elapsed since remonstrances were made by 
our government to Spain, to prove incontestably that she wanted 
either the power or the will to do her duty, although they are aware 
that the conduct of any government in applying that remedy with- 
out previous concert with other nations alike interested in the ques- 
tion, would be liable to misconception, and excite well-founded jea- 
lousies. The committee cannot doubt that the Executive, applying 
ail proper means to prevent, to detect, and to punish, the crime of 
piracy, and pressing upon Spain, and her local authorities, that 
the honor and the interest of Spain requires their best exertions for 
the same purpose, will not fail to confer with the great commercial 



[47 3 5 

nations on the extraordinary measures to be used, if the object is not 
speedily accomplished by the faithful exertion of the powers of Spain. 

The danger to which our commerce is exposed, and the injuries it 
has suffered from privateers acting under regular or irregular com- 
missions, are of a different character, and require a different reme- 
dy. The committee understand that outrages of this kind have al- 
most, if not entirely, ceased; for those which have been inflicted, or 
which may hereafter be inflicted, Spain is directly responsible. Re* 
paration must be had; by negotiation, or by the exercise of such pow- 
ers as may, for that purpose, be vested in the Executive by Congress, 

To guard against future injury, the safest resource is to enforce 
promptly, ampie redress for that which has been suffered. The 
committee have already referred to the injuries suffered in conse- 
quence of the proclamation of Morales. Those injuries are not yet 
redressed. The Government of Spain has not attempted to justify a 
Proclamation declaring, with a naval force insufficient to shut up 
the smallest port on the coast, a seacoast of twelve hundred miles in 
a state of blockade, nor the absurd pretension that the property of 
all neutral nations, is, under the colonial law of Spain, liable to con- 
fiscation, if taken on its way to Spanish America; but the property of 
American citizens captured by privateers from the Islands of Porto 
Rico and Cuba, and from Porto Cabello, is now withheld under these 
pretensions. The Spanish Government having formally revoked the 
blockade, gives to the tribunals of Spain an excuse for the condem- 
nation of all property seized prior to that revocation; an excuse of 
which they do not hesitate to avail themselves. Acting under in- 
structions from the President, of the 28th April 1823, the Minister of 
the United States, at the Court of Spain, demanded satisfaction in 
January, 1824, from that Government, for the outrages committed 
from Porto Cabello, and the Islands of Porto Rico and Cuba, upon 
the commerce of the United States, and for the wanton murder of one 
of our gallant officers in the harbour of St. John's, by the officer com- 
manding the fort at its entrance. In September, of the same year, 
Spain was again called upon to indemnify those who had suffered in 
person or property under the proclamation of blockade, or from the 
interdiction of neutral commerce to the Spanish Main. In October, 
the just reclamations of our Government were, for the third time> 
formally made to the Government of Spain. No satisfaction has been 
given, no indemnity has been promised, nor has there been even a 
satisfactory excuse given for the delay to answer the just demands of 
the Minister of the United States. 

The character of the injury sustained, its origin, the period elapsed 
since it was inflicted, the formal and fruitless demand for reparation 
for more than twelve months, justify reprisals. An anxious desire 
not to act harshly to a Government embarrassed by internal difficul- 
ties, and enfeebled by recent revolutions, the distance of the seat of 
the Spanish Government, from the places in which the evils com- 
plained of originated, the death of the Minister appointed by the 
Spanish Government on the eve of his departure to this country, and 



6 [ 47 ] 

the recent selection of another Minister, whose appointment and in- 
tended departure for the United States, has been communicated in an 
official letter, a translation of which is herewith presented to the 
House, induce the committee not to propose any legislative enact- 
ment, under the firm conviction that this forbearance will give to 
Spain a new motive to make speedily ample reparation for the inju- 
ries sustained, and that, if it does not produce this desired effect, it 
will justify, in the eyes of all nations, any and every step Congress 
may hereafter be compelled to take. 



Department of State, 

Washington, 24th January, 1S25. 

Sir: I have the honor of enclosing, herewith, a translation of 
the only answer yet received from the Spanish Government, to Mr. 
Nelson's notes on the subject of piracy and outrages on our commerce. 
It has been received since the communications to Congress of the 
previous documents were made. 

I am, with great respect, 

Sir, your very humble and obed't serv't, 

JOHN QUINCY ADAMS. 
John Forsyth, Esq. 

Chairman of the Committee of Foreign Relations, H. It. U. S. 



[translation.] 

Mr. Zea Bermudez to Mr, Nelson. 

Sir: From the middle of September last, when I took possession of 
the appointment which the kindness of the King, my august master, 
deigned to entrust to me, I dedicated, by order of His Majesty, my 
attention to the different notes presented by you, relative to the claims 
of the American subjects, who thought themselves entitled to be in- 
demnified by Spain for the losses which they have suffered in the seas 
of America. A business so complicated, in which considerable in- 
terests are involved, presented so much more difficulty, by how much 
there werei ntermingled with it other interests and other claims of 
Spanish subjects against the government and subjects of the United 
States. 

His Majesty, desirous of preserving the friendship and good harmo- 
ny which happily subsists between both nations, and that, in faithful 
observance of existing treaties, both Governments should terminate, 
in a friendly manner, this delicate question, the legitimate rights, and 
just pretensions of both being mutually conciliated, has thought that 



[47 3 * 

the most proper means for gaining this desired end, is to send imme- 
diately a Minister Plenipotentiary, to reside near the American Go- 
vernment, who, by his information, prudence, and practical know- 
ledge of the relations between both countries, may be at the same time, 
the interpreter and the executor of the just intentions of the King. 
In consequence, His Majesty has been pleased to appoint Don Josede 
Heredia, his Envoy Extraordinary and Minister Plenipotentiary in 
the United States of America. He will set out for his new destina- 
tion as soon as possible. 

I hasten to inform you of this, that you may be pleased to lay it 
before your Government; and I avail myself of this occasion, to re- 
peat to you the assurances of my most distinguished consideration, 
God preserve you many years. 

Your most obedient servant, 

FRANCISCO DE ZEA BERMUDEZ. 

San Lorenzo, 19th November, 1824. 



U>^ i*-*"*-'^''*'*—-^/ 



20th Congress, [Doc. No. 56.] Ho. of Rep^, 

2d Session. Executive, 



CLAIMS ON SPAIN. 

MESSAGE 

from 

THE PRESIDENT OF THE UNITED STATES* 

COMMUNICATING 

Correspondence relative to Claims of Citizens of the United States 

on Spain. 



January 7, 1829. — Read, and referred to the Committee on Foreign Affair^ 



To the House of Representatives of the United States: 

Washington, 7th January, 1829. 
In compliance with a resolution of the House of Representatives, of the 
19th May last, requesting a copy of the correspondence between the Minis- 
ter of the United States at the Court of Madrid and the Government of 
Spain, on the subject of claims of citizens of the United States against the 
said Government, I transmit herewith a report from the Secretary of 
State, with the correspondence desired by the resolution. 

JOHN QU1NCY ADAMS'. 



Department of State, 

Washington, 5th January, 1829. 

The Secretary of State, to whom has been referred a resolution of the 
House of Representatives, of the 19th May, 1823, requesting the President 
to " communicate to that House (if the public interest should permit) a copy 
of the correspondence between the Minister of the United States at the 
Court of Madrid and the Government of Spain, on the subject of claims 
of citizens of the United States against the said Government," has the 
honor, in compliance with the wish of the House, respectfully to submit to 
the President the accompanying copies and translations of notes inter- 
changed between the Minister of the United States at Madrid and the 
office of Foreign Affairs of the Government of Spain, which comprehend 
the correspondence called for by the resolution. 

Tl. CLAY. 



List of the papers accompanying the foregoing report. 

Copy of letter from Mr. Everett to the Duke i\d Infantado, 6 Nov. 1825. 
bopy of letter from Mr. Everett to the Duke dei ififantado, 30 Nov. 1825 
With project of a convent-lorn 



-i [Doe. No. 56.] 

Copy of letter from Duke del Infantado to Mr Everett, 6 May, 1826, 
Copy of letter from Mr. Everett to the Duke del Infantado, 8 May, 1826. 
Copy of letter from Mr. Everett to Mr. Salmon, 10 Sept. 1826, with pro- 
ject of a convention. 
Copy of letter from Mr. Salmon to Mr. Everett, 16 Jan. 1828. 
Copy of letter from Mr. Everett to Mr. Salmon, IS Feb. 1828. 



His Excellency the Duke del Infantado, 

Principal Secretary of State, $c. <$*c. 

Sir : Since the date of the conclusion of the Florida treaty, by which 
all the claims and pretensions of the two contracting parties upon each 
other were definitively settled, up to that time, various cases have occur- 
red, in which th^ property of citizens of the United States has been ille- 
gally and violently seized by agents of his Catholic Majesty, some- 
times under false pretences of right, sometimes without any pretext what- 
ever, and always, I trust, in opposition to the instructions and intentions of 
His Majesty's Government, as well as to the common law of nations, and to 
the treaty existing between the two countries. The persons affected by these 
seizures and other acts of violence are entitled to claim an indemnity for 
their losses and sufferings from his Majesty's Government; and that of 
the United States is bound, by its duty to the nation which it represents, 
to urge these claims, and to obtain #ie satisfaction of them. The cases 
alluded to, excepting some that are of recent date, have accordingly been 
brought to the notice of his Majesty's Ministers, from time to time, as 
they occurred; and it would be superfluous to trouble your Excellency on 
this occasion with a recapitulation of their details. The character of 
them is fully stated and explained in the notes transmitted by my prede- 
cessor on the 23d of January, 29th of March, and 7th of September, of 
the last year. These cases have now become very numerous; and it is 
considered indispensable by the Government of the United States, that a 
general arrangement should be made of them all, by a convention framed 
for this special purpose. I have accordingly been entrusted by the Pre- 
sident with a full power to conclude such a convention, and instructed by 
him to present the subject to the consideration of his Majesty's Ministers, 
immediately after my arrival ; and to request of them, as a thing parti- 
cularly desired by the Government of the United States, that it may be 
taken up and arranged without unnecessary delay. 

Upon my arrival at this Court, a few weeks since, I accordingly commu- 
nicated these facts to your Excellency's predecessor, and informed him 
that I was ready to exhibit my powers to himself, or any other person who 
might be named by his Catholic Majesty to conduct the negotiation, and 
that I was prepared to enter upon it immediately: observing to him at the 
same time that I was desirous to proceed in it in the manner, which might 
be most agreeable to his Majesty's Government. M. de Zea Bermudas 
assured me, in reply, that His Majesty's Government were also prepared 
to enter at once upon this negotiation, and expressed his satisfaction that 
I had been invested with powers to conclude the arrangement here. He 
wished, me, however, as a preliminary step to the commencement of any 
formal proceedings, to state to him in writing, in a general way, the nature 



[Doc. No. 56.] 3 

tlf the claims advanced by the United States, and of the principles upon 
which the President desired that they shall be settled. 

In compliance with this request, and referring your Excellency to the 
above mentioned notes, transmitted by my predecessor, for the description of 
the nature of the most important of the claims, I have now the honor to pro- 
pose that a convention should be concluded between the two Governments, 
providing for the liquidation and settlement, by Commisioners to be appoint- 
ed for the purpose, of all demands which citizens or subjects of either pow- 
er may have upon the Government of the other, on account of illegal 
seizures, captures, condemnations, or confiscations, bv the agents of such 
Government, during the period which has elapsed since the conclusion of 
the Florida treaty. The convention for the liquidation and settlement of 
claims, concluded by the Government of his Catholic Majesty with that of 
Great Britain, on the 1 2th of March, 1 823, may be conveniently taken as a 
model, especially as a great part of the claims provided for in that conven- 
tion were precisely similar to those now urged by the Government of the 
United States, and involved the same principles of law and justice. Any 
variation from the form of this convention, that shall appear expedient, 
may be suggested and adopted in the course of the negotiation. 

The Government of the United States are not precisely acquainted 
with the nature of the claims which his Majesty's subjects are represent- 
ed as having upon them, on account of seizures or other acts of violence 
committed by their agents. It is, however, the President's wish that such 
claims, as far as they may be substantiated, should be provided for in the 
same convention ; and 1 am authorized to agree to any principle that shall 
be suggested by his Majesty's Government, in relation to them, which may 
have been founded on justice and equity. I have, accordingly, no hesita- 
tion in saying, that, upon the consent of his Majesty's Government to sa- 
tisfy the just demands of the United States, 1 shall be ready to stipulate, on 
their part, for the allowance of a fair compensation for the damages which 
may have been done to individuals by the unauthorized proceedings of 
Captain Porter, upon the Island of Porto Rico, agreeably to the desire 
manifested by your Excellency, in your late note of the 28th of October. 

I have the honor to be, with the highest respect, sir, your Excellency's 
most obedient servant, 

A. H. EVERETT. 

Madrid, November 6, 1825. 



To His Excellency the Duke del Infantado : 

Sir : I have the honor to transmit, herewith, to your Excellency, a pro- 
ject of a convention of indemnities, which will give you a more distinct 
view of the nature of the claims made by the United States, and of the 
manner in which the President wishes that they may be settled, than was 
conveyed by my note of the 6th, to which I also beg leave to refer you. 

It is now three or four years since the occurrence of the captures that 
gave rise to the most important of these claims. It is more than two years, 
since claims of precisely the same description have been 'allowed to the 
British Government : and it is two full vears since the Government of the 



4 [Doc. No. 56.] 

United States applied to His Catholic Majesty for an equal measure of 
justice. It was, therefore, with much satisfaction that I learnt from your 
Excellency's predecessor, M. de Zea J3ermudez, that His Majesty's Go- 
vernment were now ready to enter upon this negotiation ; and I venture to 
hope that it may be concluded to the satisfaction of both parties, without 
.further delay. 

I propose to have the honor of calling upon your Excellency, at your 
office, on Tuesday next, for the purpose of conversing upon this subject, if 
I should not hear further from you, respecting it, before that time ; and I 
trust that your Excellency will then be ready to come to some arrange- 
ment in regard to the preliminary proceedings. 

I beg your Excellency to accept tiic renewed assurance of my sincere 
respect and esteem. 

A. H. EVERETT. 

Madrid, November 30, 1825. - 



Project of a convention between His Catholic Majesty and the United States 

of America. 

The general object of the convention is to provide for making compen- 
sation to the citizens and- subjects of each of the high contracting parties, 
for losses occasioned by illegal captures, seizures, condemnations, and con- 
fiscations, by agents of the other. It might, therefore, consist of the fol- 
lowing articles, and such others as may appear necessary : 

Article I. 

His Catholic Majesty engages to indemnify the citizens of the United 
States, who have sustained losses by the illegal proceedings of his agents, 
since the conclusion of the Florida treaty ; and the United States in the 
like manner, engage to indemnify the subjects of His Catholic Majesty for 
losses of a similar kind, sustained by them during the same period. 

Article II. 

For the purpose of liquidating these claims, a Board of Commissioners 
shall be constituted, consisting of two persons; one to be appointed by 
His Catholic Majesty, and the other by the Government of the United 
States, and shall hold its sittings at the City of Washington. Should 
either party fail to appoint a commissioner, or should the commissioner 
who shall bo named by either party fail to appear at the City of Wash- 
ington, within six months after the exchange of the ratification of this 
convention, the vacancy thus occasioned in the board shall be filled by 
the other Government ; and the doings of the board thus constituted shall 
be as valid against both Governments as they would have been if each had 
appointed a commissioner. 

Article III. 

The cases laid before the commissioners shall be determined according 
to equity and the acknowledged principles of the law and usage of .nations. 



[Doc. No. 56.] 5 

Article IV. 

In order to avoid 'any doubt or disagreement that might arise respect- 
ing certain classes of claims, the commissioners are hereby authorized to 
allow those of citizens of the United States, on account of losses occa-. 
sioncd by the captures made by naval officers bearing His Catholic Ma- 
jesty's commission, under pretext of the decrees of General Morales, of 
1821, '2, declaring a blockade of the whole coast of the Gujph of Mexico; 
and interdicting all trade with the Spanish settlements in America. 

Article V. 

The Commissioners arc authorised to allow the claims on account of 
losses sustained by His Catholic Majesty, or his subjects, in consequence 
of the proceedings of Commodore Porter in the island of Porto Rico, in 
the year l 824. 

Article VI. 

The Commissioners arc authorised to settle, upon principles of equity 
and natural justice, the claims of certain citizens of the United States, on 
account of church lands purchased by them of His Catholic Majesty dur- 
ing the period of the Constitution, and paid for at that time, and which 
His Catholic Majesty has since taken from them, without repaying them 
their money. 

Article VII. 

The Commission shall meet at the City of Washington, within six 
months, or as much sooner as may be convenient, after the exchange of the 
ratification of this Convention, and shall immediately give public notice 
that their Board is organized, and ready to proceed to business ; and no 
claim shall be admitted which is not presented to the Commissioners within 
the term of six months after the giving of such public notice. 

Article VIII. 

In order to prevent any unnecessary delay in the accomplishment of 
the objects of this Convention, it is agreed that all claims against cither 
Government, which shall be presented in due time to the Commissioners, 
and shall not be allowed or finally rejected within two years after the 
organization of the Board, shall be considered as valid, and paid accord- 
ingly. 

Article IX. 

The decision of the Commissioners, in all cases in which they are 
agreed, shall be final. In the cases upon which they may differ, each 
Commissioner shall reduce his opinion to writing, specifying the reasons 
upon which it is founded ; and the case shall be referred to the de ision 
of the Minister of some power in amity with ; >th the contracting parties, 
resident at Washington, who shall be named by agreement between the 



6 [Doc. No. 56.] 

Spanish Minister at Washington and the Secretary of State of the United 
States, and who shall decide the case upon a view of the two written 
opinions of the Commissioners, exclusively of all other evidence or argu- 
ment; and his decision shall he final. 

Article X. 

After liquidating all the claims that may be laid before them, the Com- 
missioners shall draw up and present to both Governments a report of 
their proceedings, specifying the claims that have been allowed, the sum 
du^ in each case, and the total amount due by each Government to citizens 
or subjects of the other The balance that may result from. a comparison 
of these two sums total shall be paid by the Government against which 
it may be found, within the term of six months from the date of the report; 
and the account being thus settled between the two contracting parties, 
each Government shall satisfy the claims of its own citizens or subjects. 

Article XL 

Should the debtor party fail to pay the balance which it may be found 
to owe, within the time limited by the preceding article, the party to whom 
it may be due is hereby authorized to take the property of the citizens or 
subjects of the debtor party, wherever it may be found, to an amount suf- 
ficient to satisfy the debt, according to the principles of reprisals admitted 
by the law of nations : and the individuals whose property may be thus 
taken shall look for indemnity to their own Government. 

Article XII. 

[Provides for the ratification.] 



[translation.] 

The Minister Plenipotentiary of the United States : 

Sir : It is now about a year and a half since the King, my august mas- 
ter, upon view of the different notes transmitted by your predecessors to 
this department, respecting the claims of certain citizens of the United 
States who consider themselves entitled to indemnity from Spain for loss- 
es sustained on the seas in America, subsequently to the treaty of the 22d 
of February, 1819 ; and being also informed of the existence of similar 
claims of certain Spanish subjects upon the Government and citizens of 
the United States, was pleased to appoint Don Joseph de Heredia his 
Minister Plenipotentiary to the United States, with authority to settle 
this delicate question, by an amicable arrangement, that might conciliate 
the rights and pretentions of the two Governments. Heredia, while pre- 
paring for his departure, was attacked by a serious illness, which made 
it dangerous for him. in the opinion of the physicians, to undertake the 
voyage ; and the King thought proper, in consequence, to discharge him, 
at his desire, from the honorable employment in question. But being 



[Doc. No. 56.] 7 

anxious, at the same time, that this unfortunate and unforeseen accident 
should not interrupt the progress of the affair, His Majesty was pleased 
to nominate, as his successor, Don Francisco Tacon, at that time resi- 
dent, at London ; of which new appointment, information was given to 
your predecessor on the 12th of July, of last year. The important busi- 
ness in which this person was employed at the time of his nomination is 
wot yet settled ; and he has consequently not been able hitherto to set off 
for his destination ; so that the upright intentions of His Majesty have 
been in this way again disappointed. 

But the King, my master, being still desirous to see them accomplish- 
ed as soon as possible, and also to give to the Government you represent 
a new and incontrovertible proof of his ardent desire to adopt every mea- 
sure that may contribute to strengthen the bonds of friendship which 
unite the two nations, has thought proper to authorize Don Manuel 
Gonzalez Salmon and the aforesaid Don Joseph de Heredia, persons en- 
titled, by their distinguished talents and estimable qualities, to his Majes- 
ty's confidence, to confer with you upon the subject of the above mention- 
ed claims. 

I have now the honor to give you notice of this appointment, and als* 
to inform you that the necessary orders will be passed this very day to 
the persons appointed, in order that they may enter immediately upon the 
discharge of the duty committed to them. 

I avail myself of this occasion to offer you the renewed assurance of 
my distinguished regard. 

THE DUKE DEL INFANTADO. 

Ara ./juez, May 6, 1826. 



His Excellency the Duke del Infantado, 

Principal Secretary of Stale : 

Sir: I learn with much pleasure, from the note which your Excellency 
did me the honor to address to me, under date of the 6th of the present 
month, that His Majesty had been pleased to appoint Messrs. Heredia 
and Salmon Commissioners, to treat with me upon the claims of the 
Government of the United States on that of Spain for indemnity on ac- 
count of spoliations committed on the property of their citizens by military 
and civil agents of his Majesty, since the conclusion of the treaty of 
February 22, 1819, and upon the claims of a similar kind, which the Span- 
ish Government is represented as authorized to make upon that of the 
United States. 

The high reputation of the persons appointed, and their familiar ac- 
quaintance with the subject, inspire me with full confidence that His Ma- 
jesty's Government have adopted this measure with a view of bringing 
the question to a prompt and satisfactory settlement. I shall immediate- 
ly transmit information of it to my Government ; and am sure that it vi ill 
be regarded by the President as a very acceptable proof of His Majesty's 
lespect for justice, and friendly dispositions towards the United States. It 



& [Doc. No. 56.3 

will afford me, on my part, great satisfaction to communicate witii gentle- 
men so justly distinguished for their merit and talents, as the persons ap- 
pointed ; and 1 indulge a hope that the negotiations upon which we are to 
enter will shortly result in the conclusion of an arrangement that shall be 
at oi.te advantageous and agreeable to both the parties. 

I avail myself of this occasion to offer your Excellency anew the as- 
surance of my sincere respect and esteem. 

A. H. EVERETT. 

Madrid, May 8, 1 826. 



His Exc. Don Manuel Gonzalez Salmon, 

Frincipal Secretary of State ; 

Sir : I have the honor to transmit herewith to your Excellency another 
copy of the project of a convention of indemnities, which I took the liberty, 
some months since, by order of my Government, of submitting to the con- 
sideration of your Excellency's predecessor. 

I have made a few alterations in some of the articles, agreeably to sub- 
sequent instructions from my Government ; and have substituted the article 
Which I had the honor of communicating to you yesterday, instead of the 
one which stood in the former copy of the project as the fourth. 

I avail myself of this occasion to renew to your Excellency the assure 
ance of my sincere respect and esteem. 

A. H. EVERETT. 

Madrid, Sept 10, 1826. 



Project of a Convention to be concluded between His Catholic Majesty and 
the United States of America* 

Article I. 

His Catholic Majesty engages to indemnify the citizens of the United 
States who have sustained losses by the illegal proceedings of his agents, 
since the conclusion of the treaty of February 22, 1819; and the United 
States engage to indemnify the subjects of His Catholic Majesty for losses 
of a similar kind, sustained by them during the same period. 

Article II. 

For the purpose of liquidating these claims, a Board of Commissioners 
shall be constituted, consisting of three persons, one of whom shall be ap- 
pointed by His Catholic Majesty, another by the President of the United 
States, and the third by the two Commissioners thus named, provided 
they can agree upon a choice. Should they be unable to agree, each of 
them shall propose some person, and lots shall be cast in the presence of 
the two first named commissioners, to determine which of the two persons, 
thus designated shall act. 



[Doc. No. -56.3 £ 

Article III. 

Should either Government fail to appoint a Commissioner, or should the 
Commissioner who shall he named by either Government fail to appear 
at the city of Washington within nine months from the exchange of the 
ratifications of this convention, the other Commissioner shall proceed 
alone ; and his doings shall be as valid against both Governments as if 
,each had appointed a Commissioner. 

Article IV. 

The cases laid before the Commissioners shall be determined according 
io equity and the acknowledged principles o£ the law and usage of nations. 

Article V. 

In order to avoid any doubt or disagreement that might arise respecting 
Certain classes of claims, .the Commissioners arc hereby autltorized to al- 
low those of citizens of the United States, on account of ships and cargoes 
belonging to them, which may have been captured and condemned, under 
the authority ef His Catholic Majesty, for entering a port declared by his 
said Majesty, or any of his officers, to J»e in a state of blockade, whenever 
such blockade shall not have been, at the time of such entry, actually sus- 
tained by tj\e presence of one or more armed vessels of His Majesty's 
navy, cruizing off such port. 

Article VI. 

The Commissioners are authorised to submit to examination and adju- 
dication the claims of His Catholic Majesty, or his subjects, on accouni 
of losses sustained in consequence of any proceedings of Commodore Por- 
ter, on the Island of Puerto Kico, in the year 1824, which may have been 
in contravention of public law. 

Article VII. 

The Commissioners are authorised to settle, on principles of equity and 
justice, the claims of certain citizens of the United States on account of 
church lands, purchased by them of His Catholic ^Majesty during the pe- 
riod Of the constitution, and paid for at that time, the sales of which may 
have since been annulled by his said Majesty. 

Article VII L 

The Commissioners shall meet at the city of Washington' within nine 
months, or as much sooner as may be convenient, after the exchange of the 
ratifications of this convention, and shall give public notice of the time 
when the board is organized and ready to proceed to business : and no 
claim shall be admitted which is not presented to the Commissioners with- 
fin the term of twelve months after the giving of such public notice. 



1& [Doc. No. 56.] 

Article IX. 

The Commissioners shaft proceed with all convenient despatch in the 
execution of their duties ; and it is agreed that the sittings of the board 
shall not be extended beyond the term of three years from the time of its 
organization. 

Article X. 

After liquidating all the claims that may be laid before them, the Com- 
missioners shall draw up and present to both Governments a report of 
their proceedings, specifying the claims that have been allowed, the sum 
duo in each case, and the total amount due by each Government to citizen* 
arid subjects of the other. The balance that may result from a compar- 
ison of these two sums total shall be. paid by the Government against 
which it may be found to the other Government, within the term of one 
year from the date of the report ; and the account being thus settled be- 
tween the two contracting parties, each Government shall satisfy the claims 
of its own citizens and subjects. 



[translation.] 
To the Minister of the United States : 

Sir : The notes transmitted by your Excellency and your predecessors, 
on the 10th and 23d of January, 1824, the 30th of November, 1825, and 
the 10th of September, 1826, have been received in succession at this De« 
partoient. 

The purport of their contents is, in substance, to show : 1st, that certain 
Vessels of the United States were plundered, some years ago, by a swarm 
of pirates proceeding from the haunts which they frequent, and which are 
only known to themselves, in the uninhabited parts of the Island of Cuba, 
and that the spoil acquired by these outlaws was sold openly and with 
impunity at the Havana; 2d, that a small squadron having been sent by 
the United States to cruise off Puerto Rico, and the commander of it hav- 
ing sent one of his officers, Mr. Cocke, into the port of St. John's, said of- 
ficer was fired upon by the battery of the fort ; 3d, that the Spanish au- 
thorities have occasioned serious injuries to your Excellency's fellow-citi- 
zens, by arrogating to themselves powers incompatible with the law of 
nations, by declaring blockades, which your Excellency deems unjust, be- 
cause of the want of a necessary force to maintain them, by establishing 
prohibitions injurious to the commerce of neutrals with the continent, and, 
finally, by granting, at Puerto Rico and Puerto Cabello, letters of marque 
to cruizers, who, under color of them, have committed, as is said, excesses 
of every kind. 

The Government of the United States demands, in consequence : 1st, 
that the Spanish officer who gave the order for firing on Mr. Cocke should 
be severely punished ; 2d, that the authorities at Cuba should be directed 
to take the most vigorous measures for the destruction of the pirates ; 3d, 
that an arrangement, similar to that which was made with Great Britain 



[l)oc. No. 56.] i I 

in 1823, should be entered into with the United States, in order to indem- 
nify ttie citizens of the same for the depredations committed on their pro- 
perty h} the aforesaid cruisers ; arid that for this purpose, a convention 
should be concluded, agreeably to the draft transmitted by your Excellency. 

The Ring, my master, who, as your Excellency must be aware, is sincerely 
desirous to maintain the amicable relations that happily exist b tween bis 
Government and that of the United States of America, entered forthwith 
into a serious and minute consideration of the above communications ; but 
perceiving, at first view, the importance of the subject, determined, before 
adopting any definitive resolution, to take the opinion of various persons, 
whose integrity and wisdom have given them a title to his confidence. 
Not satisfied with having taken This step, and in his anxiety to adhere 
strictly to justice, Bis Majesty directed that the question, with all the do- 
cuments relating to it, should be referred to the Council of State, who, af- 
ter a serious consultation, were to recommend whatever measures might 
appear to them most conformable to justice. 

The Council acccordingly proceeded to deliberate upon the subject ; and 
the principles and reasoning on which their report is grounded have af- 
forded a new basis to the decision taken by His Majesty. 

In regard to the request first made, which is. that the officer who gave or- 
ders for firing on Mr. Cocke should be punished, it is not possible, for the 
present, to say any thing in addition to the communication made, on the 
14th of August, 1824> to your Excellency's predecessor, to whom were 
then given all the explanations and information which had been obtained 
with respect to this unfortunate occurrence. Should any others be re- 
ceived henceforward, I shall not fail to communicate them to your Excel- 
lency. 

As respects the second request, which is, that orders should be communi- 
cate«! jo the authorities of Cuba for adopting the most vigorous measures 
fo> the extirpation of the pirates, the wishes of the American Government 
on this head will have been, by this time, completely satisfied : for it does 
not Appear that any more effectual means could have been resorted to, for 
attaining this object, than the expedition and equipment of a squadron, 
which has been sent to cruize in those seas, under the orders of Admiral 
Lahorde. 

This measure will, no doubt, he sufficient, if the Government of the 
United States adopt, on their part, such as may be necessary for prevent- 
ing, in future, the construction, armament, and equipment of vessels, 
which, notwithstanding the reiterated remonstrances of His Majesty's re- 
presentative in Philadelphia, and the assurances given of a strict neutrali- 
ty, have been employed in the service of the pirates. Upon this subject, 
your Excellency will permit me also to observe, that, agreeably to the in- 
formation obtained by His Majesty's Government, the authorities of the 
Havana and Puerto Rico, so far from proceeding against the pirates with 
the lenity that is imputed to them, have exhibited the greatest energy in 
suppressing their depredations, and in more than one instance have inflict^ 
ed on them the punishment of death. 

But, as relates to the proposition of a convention for indemnifying the 
citizens of the United States for losses incurred by the capture or their 
property by these cruisers, His Majesty is under the necessity of declining 
to accede to it. 

The King, mv sovereign, notwithstanding the satisfaction it would have 



i% [Doc. No. 56.] 

given him to gratify the Government of the United States, has been con- 
strained to adopt this resolution from a sense of the duty incumbent on him 
to act according to the dictates of a religious conscience, and with a due 
regard to the welfare of his people. He has ordered me to state to you, sum- 
marily, the motives by -which he has been actuated on this occasion. 

His Majesty cannot forget that the right of property is one of the most 
sacred known among men, No one, without committing an injustice, can 
prohibit or hinder another from disposing, according to his pleasure, of 
that which belongs to him, nor prevent him from excluding ail others from 
a participation in what he possesses, unless there exist an express stipula- 
tion to the contrary. This is one of the most important rights of men : a 
principle uniformly maintained by all Governments, and so generally ac- 
knowledged that it has become a vulgar axiom. It is this incontrovertible 
principle which has afforded a ground for the conduct of Spain, as relates 
to her American possessions; the commerce of which has at all times been 
interdicted to other nations, under the severe penalties expressed in the 
statutes of India. And this same principle, which has also beets adopted 
by other maritime Powers with regard to their colonies, has newly and 
recently been recognized by these Towers, at the time when they solicited 
in so earnest a manner, and received with so much satisfaction, the Royal 
decree of the 9th February. 1824, by which Bis Majesty, for the first time, 
admitted foreigners to a participation in the commerce of those countries. 

The multiplicity of adverse political combinations which have harassed 
the peninsula, made it impossible fur the King to act with the promptitude 
and vigor that were necessary to cause his rights in America to be respect- 
ed, as well by the rebel inhabitants of that part of the Spanish dominions, 
as by foreigners, who assisted them by their co-operation, both moral and 
physical. But this was no reason why Spain should be d«§>rivcd of the 
privileges which she had enjoyed for ages past ; nor could she be supposed 
on this account to have lost the right of reminding both friends and foes of 
restrictions which had not been revoked, nor of making every effort in her 
power to enforce the observation of them. This, and only this, is what 
has been done by General Morales, in adopting, for the attainment of this 
object, the measures against which your Excellency has reproduced vari- 
ous arguments, which have not appeared convincing either to His Majesty 
or to the Council. 

"Your Excellency's feilpw-citizens were not ignorant of these prohibi- 
tions : they well knew the risk to which they exposed themselves ; and, 
consequently, have no ground on winch to rest a claim for indemnification 
for any losses or damages which they may have suffered ; the more espe- 
cially as they also knew of the existence of the treaty of amity and boun- 
daries, concluded on the 27th of October, 1795, and expressly confirmed 
by the 13th article of that which was signed on the 22d February, 1819 ; 
in both which, the subjects of the two powers are prohibited from carry- 
ing arms, ammunitions, or other contraband articles, to the dominions of 
any nation at war with either of the two contracting powers. And al- 
though it is not the intention of the Government of liis Catholic Majesty 
to make any recrimination, they cannot refrain from offering an observa- 
tion which naturally occurs on this occasion ; namely, that the American 
Government has too much good faith not to be sensible that His Majesty 
might entertain some displeasure on account of the proceedings of some of 



[Doc. No. 56.] 13 

the citizens of the United States, who, in contempt of the most solemn and 
explicit compacts, and stimulated by an. eagerness for individual gain, 
have direct!), ami witli impunity, added fuel to the flames of insurrection, 

It is true that His Majesty assented to the claims of Great Britain in 
September, 1823 ; but your Excellency and all Europe are well acquaint- 
ed with the circumstances of that disastrous epoch, when a tumultuous fac- 
tion seized upon the Government of Spain, and extorted, by means of the 
power which it had usurped, and in a time of confusion and terror, con- 
cessions that were made with precipitation, and, besides being grievously 
burdensome, are far from being just. His Majesty, who is now restored 
to the rights which he inherited from his ancestors, and is at the head of 
a just and prudent administration, cannot agree a second time to an act of 
this nature, which would not only be extremely oppressive to the State, 
and is unwarranted by any legitimate title, but would open an endless field 
to similar claims on the part of those powers whose subjects may have 
suffered losses of the same kind, by reason of their having continued to 
maintain their commercial relations with the revolted dominions in Ame- 
rica, notwithstanding those of amity and alliance which subsisted between. 
them and Spain. 

I have the honor to communicate the above to your Excellency, by or- 
der of the King, my august master; and avail myself of this opportunity 
to renew the assurance of my distinguished consideration. 
God preserve your Excellency many years. 

MANUEL GONZALEZ SALMON. 

Palace, January 16, 1S28. 



His Exc. Don Manuel Gonzalez Salmon, 

Principal Secretary of State : 

Sir : I have had the honor to receive your Excellency's note of the 
16th ultimo, purporting to be an answer to those which have been suc- 
cessively transmitted by this legation, on the I Oth and 20th of January, 
13-24, the 30th of November, 1825, and the 10th of September, 1826. 

In the two first of this series of notes, the Minister of the United States 
submitted to His Majesty's Government, by order of the President, a suc- 
cinct account of the depredations committed upon the commerce of those 
States in the Gulf of Mexico, subsequently to the renewal of the war be- 
tween this kingdom and her American colonies, in the year 1821, as well 
by the pirates which then infested the coasts of Cuba and Puerto Rico, 
as by privateers bearing commissions from his His Majesty, or his agents 
in America ; and earnestly solicited his Majesty's Government to take 
the necessary measures lor putting a stop to these outrages, and for in- 
demnifying such citizens of the United States as had suffered by those 
already committed, so far as the Spanish Government was justly respon- 
sible for their effects. 

The augmentation, which took place soon after, in the efficiency and 
vigilance of His Majesty's military and naval armaments on this station, 
and the presence of a squadron which the United States employed upon 
the same service, happily effected; in a great degree, the suppression of 



14 [Doc. No. 56.] 

the pirates; while the judicious determination of the King not to grant 
any more commissions for private armed vessels, afforded security against 
the renewal of the other class of the outrages alluded to above. The on- 
ly remaining demand presented in the two above mentioned notes, was 
that of indemnity for the losses occasioned by previous injuries. This 
was justly considered by both the Governments as a matter of high im- 
portance About the same time, or soon after, other depredations, of a 
similar kind, had been committed elsewhere, upon citizens of the United 
States, by the agents of His Majesty ; and it was intimated, on the other 
hand, to the Government of those States, that subjects of His Catholic 
Majesty were also entitled to bring against them a claim of indemnity, 
on account of injuries of the same description. Although, in a great 
measure, unacquainted with the existence or character of such supposed 
claims, the President was, nevertheless, anxious to give to evttw sugges- 
tion of this kind, on the part of a friendly Government, the most respect- 
ful consideration ; and considered it expedient that these mutual and con- 
flicting demands should be made the subject of a special negotiation be- 
tween the parties, to the end that they might be liquidated and balanced 
without delay. The Spanish Government concurred in this view of the 
subject^ and official notice was given to the Minister of the United States, 
that Don Joseph de Heredia and Don Francisco Tacon, who were suc- 
cessively appointed His Majesty's Ministers in the United States, were 
fully empowered to settle all the questions pending between the two Go- 
vernments, of which this was distinctly understood to be one of the prin- 
cipal. Circumstances, the nature of which was satisfactorily explained 
to the Government of the United States, prevented both these persons 
from entering immediately upon their functions; and the Minister of the 
United States then accredited at this Court being about to return to his 
country, it was intimated to him by His Majesty's Government, that it 
would be agreeable to them that his successor should be authorized to 
conduct the negotiation at this place. 

Upon my departure from home, I was accordingly entrusted with a 
full power to negotiate and conclude an arrangement upon this subject. 
Soon after my arrival at this Court, and presentation to His Majesty, I 
gave notice of the fact to the Secretary of State ; and on the 30th of No- 
vember, 1825, 1 addressed a note to the Duke del Infantado, conveying 
the same information in an official form, and inviting his Majesty's Go- 
vernment to enter upon the negotiation. This note forms the third in the 
series of those to which your Excellency now professes to reply. It re- 
ferred, for a general statement of the nature of the subject, to the two pre- 
ceding notes of the 10th and 20th January, 1824 ; and enclosed an outline 
of the views and wishes of the Government which I have the honor tore- 
present, digested in the form of a project of a convention. 

The proposal contained in this note was, after some delay, accepted by 
His Majesty's Government. In the note which the Duke del Infantado 
did me the honor to address to me on the 6th of May, 1826. his Excel- 
lency, after stating -the intention and wish of His Majesty to adjust, by 
amicable negotiation, the mutual claims of the two Governments and 
their subjects ; mentioning that Don Joseph de Heredia and Don Fran- 
cisco Tacon, who had been successively appointed Ministers to the Unit- 
ed States, would have been empowered to settle the question ; and re- 
mnitulating the circumstances which had prevented these gentlemen from 



[Doc. No. 56,] 15 

repairing to the post assigned to them, and thus defeated the upright in- 
tentions of the King; concluded by informing me that Mis Majesty, be- 
ing still intent upon the same purpose, and anxious to give a strong proof 
of his amicable disposition towards the Government of the United States, 
had appointed your Excellency and Don Joseph de Heredia his Commis- 
sioners, to treat with me upon the subject in question, and that the cor- 
responding orders would be transmitted to you on the same day. 

Immediately after receiving this information, and on several subsequent 
occasions, I made known to your Excellency, and to Mr. Heredia, my rea- 
diness to enter upon the business with which we were charged by our re- 
spective Governments; but no progress whatever had been nia<*e in it, when 
your Excellency was called by His Majesty to the distinguished post *hich 
you now so honorably fill. Soon after this, your Excellency did me the ho- 
nor to ##fc*rm me that the commission by *vhich you had been authorized, in 
conjunction with Mr. Heredia, to treat with me upon this subject, was still 
in force. Finding this to be the case, I took the liberty of transmitting 
to your Excellency, with my note of the 10th of September following, 
another copy of the project of a convention, enclosed in my preceding note 
of November, 1825, which I had altered in some particulars, in conse- 
quence of the verbal suggestions of your Excellency, and of instructions 
subsequently received from my own Government. This note is the fourth 
and last in the series of those enumerated above. 

Your Excellency will perceive from this detail that all these notes 
have already been answered, and in a manner satisfactory to the United 
States. The proposal for a negotiation, contained in the third of the se- 
ries, which embraced by reference the two first, and to which the last was 
supplementary, was accepted by His Majesty, and Commissioners appoint- 
ed accordingly. Nothing remained but to enter upon the negotiation, 
and to bring it, in one way or another, to a close. No request has since 
been made by me for any further reply to these notes ; and the only subse- 
quent communications which have taken place between your Excellency 
and myself upon the subject, have been, on my part, urgent instances that 
your Excellency would proceed without delay to the completion of the 
business, in the form already arranged ; and on that of your Excellency, 
the most explicit assurances, official and unofficial, that it should, in fact, 
be settled as soon as possible. The note which I have had the honor to 
receive from your Excellency, under date of the 16th ult, purports, never- 
theless, to be a reply to these same notes ; and in this communication, your 
Excellency, after making some remarks upon the question of piracy, which 
has ceased to be a subject of immediate intetest, and upon the unfortunate 
death of Lieut. Cocke, proceeds, without alluding, in any way, to the af- 
firmative answer that has long since been given to the proposal for a ne- 
gotiation upon the mutual claims of the two countries for indemnities, or 
to the arrangements which had been made in consequence, to inform me 
that the King declines to conclude a Convention for indemnifying the citi- 
zens ofthe United States for the losses they have sustained, in conse- 
quence of captures made by Spanish privateers, for certain reasons which 
your Excellency is pleased to detail. 

With every disposition to put the most favorable construction upon all 
the proceedings of Bis Majesty's Government, in their relations with that 
which I have he honor to represent, I find myself unable to reconcile the 
determination announced in yonr Excellency's note, not only with thaone 



16 imc. No. 56.] 

that went before it, and the substantial justice of the case, but with the: 
forms usually observed in the intercourse of civilized and Christian na- 
tions. I am aware that there is nothing binding in the preliminary steps 
which may have been taken by two Governments towards a negotiation 
on any subject, and that either is at liberty to withdraw from such an ar- 
rangement, at any period previous to the actual conclusion and ratification 
of the treaty. But the usage of nations in such cases requires that the 
party intending to withdraw should give some notice to the other of his 
change of purpose, accompanied with an explanation of the reasons that 
have led to a measure which might otherwise wear an unfriendly appear- 
ance. It is, therefore, with strong surprise, as well as deep regret, that 
I find your Excellency replying in an unsatisfactory manner to several 
notes to which satisfactory answers had already been given, and concern- 
ing which, no new application had been made by the United States ; re- 
jecting a proposal for negotiation, which was made with the previous con- 
currence and approbation of the King, who had himself taken several 
steps towards the promotion of it ; which had been already accepted by His 
Majesty's Government ; and under which, commissioners had been named, 
of whom your Excellency was one : and all this without giving any ex- 
planation whatever of so extraordinary a circumstance, or appearing to 
recollect that any such arrangement had ever taken place, or been con* 
template*!. I repeat to your Excellency that I wish to put the most fa- 
vorable construction possible upon all the acts of His Majesty's Govern- 
ment, which I am called to notice ; but i can hardly flatter myself that 
this proceeding will be viewed by the President and Congress of the Uni- 
ted States as a proof of the friendly dispositions towards them, which are 
uniformly professed by the Spanish Government, and which your Excel- 
lency continues to repeat on the, present occasion. 

Your Excellency will also excuse me for remarking that the determina- 
tion announced in your note is not only at variance with the forms usually 
observed in the intercourse between civilized nations, and with the previous 
proceedings of His Majesty's Government upon the same subject, but with 
the tenor of the notes to which your Excellency professes to reply. The 
proposal made to His Majesty's Government in these notes, is not to allow 
certain claims presented by the President of the United States, in the 
name of his fellow-citizens, but to open a negotiation upon the mutual 
claims of this description, made by the two Governments upon each other, 
with a view to the liquidation, balancing, and final settlement of the same. 
The only regular answer which can be given to such a proposal, is an 
acceptance or refusal of the proffered negotiation. It is impossible for 
the Spanish Government, proceeding in the ordinary method of trans- 
acting business, to declare, in answer to this proposal, that they will not 
allow the claims put forward by the United States : for they are not suffi- 
ciently informed of the details of these claims to be able to judge whether 
or not they ought to be allowed. 

In the notes containing the p?*oposaI, and in the project of a convention 
accompanying it, some general indications are given of the nature and 
grounds of some of the claims; but these are not, and were not intended 
to be, stated with the extent and accuracy necessary to establish their va- 
lidity : others of the claims are not even mentioned. It is, in fact, nei- 
ther usual nor convenient to incumber the diplomatic correspondence of na- 
tions with these particulars, which are always necessarily voluminous. 



[Doc. No. 56. J I? 

The precise object of the proposed negotiation is to give the two parties 
an opportunity of comparing their views upon the subject of their respec- 
tive demands, and ascertaining whether it be practicable to agree upon 
some general principles by which a liquidation and settlement of them 
may be obtained. Should they succeed in this, the details may be referred, 
with convenience, to a special commission ; and it is only in this last 
stage of the process that either Government will have the means of judg- 
ing whether the particular claims presented by the other are, or are not* 
of a nature to be allowed ; unless this course he taken, or unless the claims 
are distinctly explained to the Spanish Government in some other way, 
it is impossible, as I remarked above, for that Government to judge whe- 
ther they ought to be allowed, because, until then, they do not know what 
they are. If the mode of negotiation proposed by the United States were 
considered inexpedient by His Majesty's Government, the regular course 
would be to decline it, and to indicate some other, by which substantial 
justice might be better effected. A refusal to allow the claims of the Unit- 
ed States, in answer to a proposal to negotiate upon those of the two conn- 
tries, is obviously irregular in form. It amounts, in substance, to a refusal 
to negotiate ; that is, a refusal to hear the representations of a friendly 
power, presented in a respectful and amicable form, upon subjects impor- 
tant to the interests of both Governments. Such a refusal leaves the com- 
plaining party no means of obtaining redress, but an appeal to force. I sub- 
mit it, with confidence, to your Excellency, to decide whether this mode 
of receiving the suggestions of the United Stated be consistent with the 
friendly relations which have always happily existed between the two Go- 
vernments, and which both have so deep an interest in preserving. 

I venture to hope that your Excellency will feel the force of the above 
remarks, and that they will lead to a reconsideration of the decision an- 
nounced in your Excellency's note, which, from its singular inconsisten- 
cy with the previous proceedings of Bis Majesty's Government, as well 
as with the usual forms of international intercourse, and the just preten- 
sions of the United States, must, I think, have been the result, of surprise 
or accident. The natural method of terminating this business is to pursue 
the course already marked out, and open the negotiation, for which all the 
arrangements were long since made by the concurrence and co-operation 
of the two Governments. This is the mode of proceeding which was 
with reason expected by the United States, and the only one which holds 
out a fair prospect of bringing the question at issue to an early and ami- 
cable conclusion. In the mean time, with a view of satisfying your Ex- 
cellency that the subject is not incumbered with so many difficulties as 
His Majesty's Government appear to suppose, I will take the liberty of 
subjoining here a few remarks upon the reasons given by your Excellen- 
cy for refusing to consider these claims, and upon the nature of the claims 
themselves. 

These reasons resolve themselves into the proposition that the King pos- 
sesses the right of interdicting all foreign commerce with his American 
colonies : that the measures adopted by General Morales, at the opening 
of the war in 1821, were nothing more than an exercise of this right ; and 
that, as their natural result was the capture and condemnation of the neiu 
tral vessels which -contravened their provisions, the parties interested have 
no just grounds for complaint, or title to claim compensation. The objec- 
tion supposes, of course, that the claim presented by the United States fe 
2 



18 [Doc. No. 56.] 

that of compensation for the loss of vessels which had been captured and 
condemned for carrying on a prohibited trade with His Majesty's American 
colonies. 

The nature of this objection singularly illustrates the inconvenience of 
the method adopted by His Majesty's Government, of forming a decisive 
judgment of the nature and merits of this question upon the scanty and 
wholly preliminary notions furnished by the proposals made by the United 
States to negotiate upon it. Of the claims presented by the United 
States, one class is founded in the illegal proceedings of privateers, bear- 
ing His Majesty's commission, and for whose conduct His Majesty's Go- 
vernment are, of. course, responsible. It is also the opinion of the Go- 
vernment of the United States, for reasons which I shall presently men- 
tion, that the capture of a neutral vessel for trading with the Spanish 
Main, at the time in question, would have been illegal. But it is very 
much doubted by my Government, whether this question, or any other of 
a political character, will arise in the course of the investigations and dis- 
cussions to which the settlement of these conflicting claims will lead. The 
proceedings of the privateers were tainted at every stage, and, it is believed, 
in almost every case, with gross irregularities, the nature of which will 
be illustrated by a statement, which f shall presently lay before your Ex- 
cellency, of the particulars of one of these captures, and which justify 
the claim for indemnity, without a recurrence, on either side, to any gene- 
ral or disputed principle. In the first project of a convention which J 
had the honor of transmitting to His Majesty's Government, an article was 
introduced, declaring, in substance, that such condemnations of vessels 
as had taken place at this period, on the ground of their having carried 
on a prohibited trade with the Spanish Main, should be considered illegal, 
and entitle the interested party to indemnity. This article, by which the 
Government of the United States did not intend, in the least, to call in 
question the King's right to prohibit all foreign trade with his American 
colonies, (as would have amply appeared in the course of the negotiation,) 
was put forward among the preliminary propositions, as one which, if 
agreeable to His Majesty's Government, might save trouble to the Commis- 
sioners of Liquidation, should any case occur which required a settlement 
of the principle decided by it. It is, however, as I have already observed, 
considered doubtful by the Government of the United States, whether any 
such cases will, in fact, occur; and the article was, therefore, not regard- 
ed as one of an essential character. When I found, from the verbal com- 
munications I had with your Excellency, that it was apparently viewed 
here as objectionable, I felt no difficulty in striking it out of the project, 
of which I submitted an amended copy, with this, among other alterations, 
with my note of the 10th of September, 1826. It appears, therefore, how- 
ever singular the fact may be, that the only objection now stated by your 
Excellency, to the conclusion of a convention in the form proposed, ap- 
plies to an article which was inserted in the first scheme, but which, upon 
being represented by your Excellency as inadmissible, was not insisted 
on, and was actually struck out of the second project. 

Should the question of the legality of neutral commerce with the Span- 
ish Main, at the period when these captures were made, in fact come up, 
it is not. anticipated by the Government of the United States that there 
will be any material divergence between their views respecting it, and 
Ihose of His Catholic Majesty's Ministers. It is not, and never has been. 



[Doc. No. 56.] i& 

the intention of the United States to call in question the right of the King 
to interdict all foreign trade with his American possessions. The right 
of regulating commerce at discretion, throughout their dominions, is in- 
herent in all Governments, whether resulting, as your Excellency affirms, 
from a supposed right of property in those dominions, or from the safer 
and more generally acknowledged source of sovereignty. The King's 
right of interdicting foreign trade with his American colonies, whatever 
may be its source, has always been admitted by the United States to be 
real and incontestiblc. The only instances in which they have felt them- 
selves hound to protect their fellow-citizens in trading with any part of 
Spanish America, have been those in which the King had himself renounced 
his right of sovereignty (or, as your Excellency expresses it, property) 
over some portions of these territories, or had, by his own act, expressly 
authorized the trade with others. The present case is believed by the 
President to be of the latter description. He conceives that by a series of 
public acts and proclamations of His Majesty's official representatives, 
preceding and following the period of the captures now in question, which 
have never been disavowed, but, on the contrary, confirmed and maintained 
by His Majesty's Government, the trade with the Spanish Main had been 
fully and freely opened to neutrals. A complete exposition of all the par- 
ticulars of these proceedings would exceed the usual limits of an official 
note. It would probably form one of the topics of the proposed negotiation. 
It may be sufficient to remark here, that, by the treaty concluded in 1820, 
between General Morillo, as His Majesty's representative in this part of 
America, and General Bolivar, as the representative of the Independent 
Provinces, it was stipulated, that, if the war between the King and these 
Provinces were renewed, it should be conducted according to the ordinary 
rules of civilized warfare, which have never been regarded, even in the 
most embittered struggles, as justifying a complete interdiction of neutral 
trade. The commerce of neutrals with the Independent Provinces on this 
part of the Spanish Main was therefore authorized by the terms of this 
treaty; and the authorization thus given has been confirmed by subse- 
quent acts of other representatives of His Majesty in America, and of the 
King himself. The blockade of all the ports on the Gulf of Mexico, de- 
clared by General Morales in 1820, was itself an acknowledgment and 
proof that the trade was not considered illegal : for, if it had been illegal 
before, it would have been superfluous to attempt to make it so by a new 
act. This blockade was formally revoked by His Majesty's decree, dated 
December 21st, 1822, which expressly recognises the legality of the trade 
with the Provinces in question, under the usual exception of articles con- 
traband of war. These successive authorizations would of course have 
been valid while in force, had His Majesty even thought proper to disavow 
them, after recovering his absolute power, upon the overthrow of the con- 
stitution. But, so far was this from being the case, that one of His Majes- 
ty's earliest measures of importance, after his return from Cadiz, was the 
decree of the 9th of February, 1824, cited by your Excellency in the note 
before me, which maintains and extends to all the King's dominions in 
America the freedom of trade, which had been granted, by the acts pre- 
viously recapitulated, to the Provinces on the Gulf of Mexico. 
• It results from this statement that the trade with these Provinces had 
been thrown open to the world by a series of public acts, and was a legal 
and authorized branch of commerce at the time when these captures were 



20 [Doc. No. 56.] 

made. It is worthy of remark, that your Excellency, in this very note of 
the 161.I1 uit„ in which the King's right to interdict all foreign trade with 
his American colonies is stated as a sttgicient objection to the claim of in- 
demnity on account of these captures, takes the same view" of the subject 
that I have now taken, ami represents the trade in question as having 
been at the time open to foreigners upon the ordinary principles of the law 
ol nations. In the paragraph next following that in winch the objection 
just alluded to is mentioned, your Excellency remarks, that the people of 
the United States were acquainted with the provisions of the treaty be- 
tween the two countries. by which, in the event of a war between either of 
the powers and a third party, the subjects of the other are prohibited from 
carrying on a contraband trade with- the enemy. The Government of the 
United Slates are no doubt aware of their obligations in this respect, and 
have no intention of demanding compensation l for any property justly con- 
demned as contraband of war. But a special prohibition of the trade in 
articles contraband of war supposes the liberty of commerce in general, 
which is also expressly stipulated by the treaty. "It shall be lawful for 
all and singular the subjects of His Catholic Majesty, and the citizens, 
people* and inhabitants of the United States, to sail with their ships from 
any port to the places of those who now are, or hereafter may he, at enmity 
with U.s Catholic Majesty, or the said United States, and to proceed from 
one enemy's port to another." After this stipulation, follows, in the next 
article, the usual exception of articles contraband of war, to which your 
Excellency alludes. 

In representing these provisions as applicable, at the same time, to the 
trade between the United States and the provinces on the Gulf of Mexiro, 
your Excellency recognises the general legality and freedom of that trade, 
unless (which can hardly be the case) your Excellency be of opinion that 
those parts of the treaty only are binding which impose obligations upon 
the United States, while those which contain stipulations in their favor 
are of no validity. 

Your Excellency will perceive from the above explanations, that, should 
the question of the legality of the trade with the Spanish provinces on the 
Gulf of Mexico arise in the course of this discussion, it is not likely to 
lead to any difference of opinion between the Governments, of a nature to 
embarrass the liquidation of the claims. In reality, however, it is not 
thought probable by the Government of the United States, that tbjs or 
any other question of a political character will come up. The proceed- 
ings oi' the privateers and prize courts at this period were in general, as 
I have remarked before* so grossly irregular, at every stage, as to violate 
directly the universally acknowledged principle of national law and jus- 
tice, which secures to neutrals, under whatever pretext they may be cap- 
tured, a fair and impartial trial, and entitles them to claim indemnity 
from the capturing power, if it be not granted. 

In proof of this remark, and in illustration of the nature of this class 
of the claims on the part of the United Stairs, which form the subject of 
the present negotiation, I take the liberty of stating to your Excellency 
the particulars of the case of the brig James Lawrence, which is one of 
the number. 

The brig James Lawrence, belonging to James Ray, a citizen of the 
United States, residing at Wilmington, in the State of Delaware, sailed 
from the port of Philadelphia on the 14th of December, 1822, for La- 



[Doc. No. 56.] 2i 

guayra, where she arrived early in the following month. She entered 
the port without interruption from any quarter ; and having taken on 
board a cargo consisting of coffee, cocoa, and other articles, consigned 
and belonging to citizens of the United States, sailed from Laguayra, on 
the 16th of February, 1823, for Philadelphia. On the day succeeding, 
she was captured by the Spanish privateer Esperanza, and ordered for St. 
John's, Puerto Rico, where she arrived on the 27th of the same month. 
She was here libelled before the Admiralty Court, on the charge of having 
on board property belonging to the enemies of Spain. Upon this charge 
only, the trial came on. On the 7th of March following, a decree was 
made, by which the cargo was condemned as enemies' property, and the 
ship acquitted. The master of the brig immediately applied for a new 
new trial, which he obtained ; and in the course of which, he succeeded 
in proving, to the satisfaction of the court, that the cargo belonged whol- 
ly to citizens of the United States, and that the captors had taken from 
him and secreted his papers, in order to prevent him from establishing 
this fact upon the former trial. The court, after this second hearing, 
and on the 7th of April following, reversed the sentence, and condemned 
the captors to pay a fine of two hundred ducats for their fraudulent pro- 
ceedings in regard to the papers. 

The captors, however, not deterred by this check from pursuing their 
purpose, appealed from this sentence to the Supreme Audiencia, which 
sits at Principe, in the Island of Cuba, and were ordered by the Judge 
to give security, in the sum of 62,010 dollars, that they would obtain a 
reversal of the sentence within eight months from the 1 6th of August, the 
day on which the security was given. The captors, it appears, retain- 
ed possession of the cargo ; and the appeal, like the original libel, alleged 
no other cause of action against the brig or her cargo, excepting that 
the latter was enemies' property. Nothing was said of blockades or of 
interdicted trade ; and it is evident that neither of these pretences had 
then been thought of, since on these grounds the ship would have been 
equally liable to confiscation with the cargo. 

The master of the vessel arrived at Principe on the 20th of December, 
1823. for the purpose of answering the appeal. The captors, however, 
did not appear ; and after waiting till the limited time of eight months 
had expired, the master obtained from the court a certificate of their de- 
fault, and departed. 

Here, according to all the ordinary principles of proceeding in such 
affairs, the case was closed for ever, and in favor of the vessel. The 
captors, by failing to sustain their appeal, had forfeited the security which 
they had given at St. John's, and nothing remained but for the court to 
order the payment of it for the benefit of the owners. In the mean time, 
however, the court at St. John's had instituted a new series of proceed- 
ings in the same caso, entirely at variance with their own previous acts, 
and in open violation of all the rules of law and justice. After granting 
to the captors, in the manner which I have described, an appeal to the- 
Superior Court at Principe, of which appeal the owners had received due 
notice, and to which they appeared, the Jm'ge of Admiralty at St. John's, 
upon a subsequent application of the captors to have the place of hearing 
th appeal changed, granted their request, and ordered the case to be tried 
fccfo/e the Marine Court or Junta, sitting at the Havana. The own- 
ers received no notice, either of the application for a change in the Court 



2& [Doc. No. 56.] 

of Appeal, or of the granting of that application, and learned the facts 
only in a private manner. This circumstance alone stamps the subse- 
quent condemnation with the character of complete illegality : hut this 
was not the only one of the same description. The appeal was to have 
been prosecuted within eight months, commencing on the 16th of August, 
1823. The appellants ditl not appear until the 16th of May following-— a 
month after the limited time had expired ; but although the owners, who 
had received private imformation of the change in the court, and had an 
agent present, represented that the captors were not in time, the objection 
was overruled, and the cause tried. Finally, by an act of injustice still 
more open and glaring, if possible, than either of the others, the court, on 
the 17th of September, 1824, reversed the former sentence, and condemn- 
ed the ship and cargo, not as enemy's property, the charge upon which 
they had been tried, but, incredible as it may appear, for a wholly differ- 
ent one — that of trading with a blockaded port. Thus the property of 
the owners was taken from them under pretext of an offence, not only in 
itself entirely imaginary and groundless, but which had never been im- 
puted to them up to the moment of the decision ; against which they had 
no opportunity to defend themselves, and of which the court had of course, 
under the circumstances, no more right to declare them guilty than of 
treason, murder, or any other crime entirely foreign to the nature of the 
case and the previous course of the proceedings. 

Such were the forms observed in the trial and condemnation of this ves- 
sel and her cargo ; or rather such was the contempt which the court ex- 
hibited for all the forms usually observed on similar occasions in civilized 
countries. In order to found a just claim upon the Spanish Government 
for indemnity on account of the loss occasioned by these proceedings, it 
is wholly unnecessary, as your Excellency must perceive, to inquire into 
the legality of the blockade, under pretext of violating which, the vessel 
was finally condemned. Supposing her to have violated a regular block- 
ade, it was the duty of the captors to prove the fact against her in a le- 
gal way ; and if this was not done, the condemnation was equally injuri- 
ous, whether the offence charged were real or imaginary. In this case, 
there had been four or five successive irn gularities in the proceedings, 
an> one of which was sufficient to invalidate the sentence and entitle the 
ow T ners to indemnity. It is believed by the Government of the United 
States, that most, if not all the other cases are, in this respect, similar to 
that of the James Lawrence; and that it is very doubtful whether it would 
be necessary for the decision of any of them even to raise the question 
how far the blockade of the coasts of the Spanish Main, declared by 
General Morales, was entitled to the respect of neutral Governments. 

Should it, however, be necessary to examine this question, it is not ap- 
prehended by the Government of the United States, that there could arise 
any material difference of opinion respecting it between the two powers. 
The principles of national law, which regulate tiie subject of blockades, are 
perfectly well known, and generally acknowledged ; nor is it understood 
that it is the wish or intention of the Spanish Government, to set up new 
ones. The most important of these were too openly violated in the case of 
the pretended blockade of Gen. Morales to leave room even for an argu- 
ment in favor of its legality. A blockade, in order to be legal, must be 
publicly declared by the Government of some belligerent power, and for- 
mally notified, under the authority of such Government, to those of neu- 



[Boc* No. 56.] M 

taals. 'Phe pretended blockade in question was never declared or notified 
to neutral Governments by that of Spain. This defect alone was sufficient 
to deprive it of all pretentions to a regular character. Secondly, A block- 
ade, having been regularly declared and notified, must, in the next place^ 
in order to be entitled to respect, be duly enforced : that is, a sufficient na- 
val armament, consisting of at least one or two ships of war, must be ac- 
tually stationed at the entrance of the port which it is intended to close. 
But it is perfectly notorious that the Spanish authorities had not, at the 
time in question, above one or two armed ships, in the whole extent of the 
Gulf of Mexico, and that these were not stationed at the entrance of any 
one particular harbor. The pretended blockade, therefore, as it was never 
either regularly declared or notified, was also never, for a moment, or at 
any point, regularly enforced, and was, of course, destitute of every ap- 
pearance of a legal character. It seems to have been intended hy General 
Morales as an imitation, in a small way, upon his own authority, of the 
extravagant pretensions advanced by some of the great maritime powers 
during the late European wars ; and had it not been made a pretext for 
the wanton and cruel spoliation of many innocent individuals, would have; 
been a fit subject for derision, rather than respect or observance. 

The principles and facts which [ have here stated in regard to the 
blockade by General Morales, are, of course, familiar to the Spanish Go- 
vernment, which is too just and enlightened not to acquiesce in the conclu- 
sion which has been drawn from them by that of the United States. There 
is, indeed, the less reason for insisting at great length upon this point, that 
it may not only probably not come up in the course of the negotiation, but 
that the blockade was revoked by the King himself, under circumstances 
amounting to an admission of its illegality. By his decree of December 
2lst, I8£2, His Majesty raised the blockade, incompliance, as is expressly 
stated, with the representations of the neutral powers who had suffered by 
its operation, and recognised the liberty of neutral trade with the Inde- 
pendent Provinces, under the usual exception of articles contraband of war. 
At about the same time, a convention of mutual indemnities was concluded 
by His Majesty with the British Government, the principal object of which 
is understood to have been to provide for making compensation to British 
subjects, whose property had been seized and condemned under pretext of 
the blockade in question. These proceedings amount to a disavowal of it, 
and are considered by the Government of the United States as affording a 
precedent which entitles them (independently of the essential justice of their 
claims) to expect a similar arrangement in behalf of their fellow-citizens. 
In regard to this subject, your Excellency remarks, in the note before me, 
that the convention with Great Britain, now alluded to, was concluded by 
His Majesty's Government during the period of the Constitution, and is 
therefore to be viewed as null and void, and as not furnishing a precedent 
for similar proceedings towards other powers. I must be allowed to ex- 
press my surprise that your Excellency should consider such an explana- 
tion as likely to be satisfactory to the President and Congress of the United 
States, since you cannot suppose them to be uninformed that one of His 
Majesty's earliest acts, after the overthrow of the Constitution, was the 
formal confirmation of the Convention alluded to ; that its preliminary pro- 
visions were immediately carried into effect by the appointment of commis- 
sioners on both sides to liquidate the respective claims of the contracting 
parties ; and that negotiations for the adjustment of difficulties that ocenr red 



24 [Doc. No. 56.] 

in the course of the proceedings have been repeatedly resumed, and are at 
this moment actually in progress at London. All these subsequent acts, 
performed since His Majesty's recovery of his absolute power, and when 
he has been, as 3 our Excellency remarks, at the head of a legal and cir- 
cumspect administration, are so many confirmations of the justice of the 
original convention, and so many new admissions of the illegality of the 
captures fra- which it was intended to aff<>rd compensation. It is impossi- 
ble lor the Government of the United States not to consider these proceed- 
ings towards another nation, under circumstances precisely similar, as 
greatly strengthening their essentially rightful claim to the same measure 
oi justice. 

In the case of the James Lawrence, of which I have taken the liberty to 
give your Excellency an account in derail, there was this additional irregu- 
larity and injustice in tSie proceedings of the Court, that the pretended 
blockade, for a violation of which the vessel was condemned, had been 
"formal h revoked bv the King, and declared by the Spanish authorities in 
the West Indies to be no longer in force, before the time of the capture. 
The decree of revocation was bros.'ght out to Puerto Rico by a British fri- 
gate ; ami it was declared by the authorities of that island, upon the recep- 
tion of it, that it was to be considered as taking effect from the day of its 
date, which, as I stated above, was December 2 1st, 1822. Two or three 
vessels belonging to citizens of the United States, which had been con- 
demned for breaking the supposed blockade at periods subsequent to that 
date, were accordingly restored at once. The James Lawrence was then 
on trial before the Admiralty Court at St. John's ; but not being charged, 
as I have already observed, with a breach of the blockade, she could not 
take advantage of the decree of revocation. When the case was brought, 
by appeal, before the Marine Junta at the Havana, in the way I have de- 
scribed, that tribunal, with the same open disregard for the forms and prin- 
ciples of justice, which had marked every stage of their proceedings, de- 
clared the blockade to be in force, notwithstanding the King's decree by 
which it was revoked. The pretence alleged was, that the decree did not 
take effect until it had been published by General Morales, winch was not 
until the 8th of March, 1823. as if the Court could be supposed to be ig- 
norant that notifications of the commencement and termination of blockades 
are regularly made by Governments to each other, through the medium of 
their Ministers of State, and in that way only : or as if die attestation of 
General Morales, a personage unknown to foreign powers, could add any 
weight to that of the Secretary of State, whose official character they were 
authorized and bound to acknowledge. It was in vain that these consider- 
ations, however ohvious, were urged upon the attention of the Marine 
Junta. It was in vain that their own oflicial counsellor, the Oidor of Ma- 
rine, advised them strongly to confirm the decree of the Judge of Ad- 
miralty at St. John's, Puerto Rico, and acquit the vessel, assuring them 
that the port of Laguayra was not in a state of blockade when she entered 
it. In vain did two of the most respectable members of the Junta express 
the same opinion. The majority were bent upon their purpose, and the 
James Lawrence was finally condemned. 

It only remained for the Court, in order to fill u\) the measure of their 
iniquity, to attempt to deprive the owners of the advantage of an appeal, 
which they did, and with success. The owners were entitled by law to an 
appeal to the Supreme Court sitting at this place, without giving security 



[Doc. No. 56.] 25 

to the captors ; but the Junta refused to allow them this privilege, and 
compelled them to enter into bonds to indemnify the captors, in the event 
of failure, for all the damages which they might suffer by the further pro- 
secution of the cause. The Oidor again interposed, and assured the Court 
that their proceedings were illegal, and the Court a second time set at defi- 
ance the advice of their own official counsellor. The owners, meanwhile, 
being unable, in the state of impoverishment to which they had been re- 
duced by the loss of their ship and cargo, to pay the enormous coats, and 
furnish the large security, which were so unjustly required, were compelled 
to abandon their appeal, and throw themselves upon the protection of their 
own Government. 

Such, sir, are the circumstances, in detail, of one of the cases of spoliation 
on which the claims of the United States are founded. They will serve to 
give you an idea of the general complexion of the rest; and will enable His 
Majesty's Government to judge how far the reasons assigned in your Ex- 
cellency's note for refusing to accede to the propositions of the United 
States, can be regarded as satisfactory. 

You will perceive that the general question of the King's right to inter- 
dict the trade with the colonies is not in any way involved in the merits 
of the case, which rest upon the gross and repeated irregularities in the 
forms of the proceedings. You will perceive, in this case, that the ship 
was captured, in the first instance, in the most vexatious manner, and 
brought to trial upon a charge for which there was not a shadow of found- 
ation, under circumstances of fraud and oppression, on the part of the 
captors, which called forth the animadversion of the Court itself; that, 
having obtained an acquittal with costs and damages, the owners were 
again brought to trial, and without notice ; condemned for an offence with 
which they were not charged ; condemned for breaking a blockade which 
had been revoked before they left the United States ; and, finally, depriv- 
ed of their right of appeal ; while the captors, whos.* conduct had been, 
from the beginning, fraudulent and vexatious, and had been recognized and 
punished as such by the court itself, were treated at e\ery subsequent stage 
of the process with illegal indulgence. In all these proceedings, there is 
no question concerning general or disputed principles of public law. 
When the Spanish Government refuse to grant satisfaction in cases of this 
kind, on the ground that the King has a right to interdict trade with his 
colonies, it can only be because they have somewhat hastily prejudged, 
upon a mere proposal to negotiate- the merits of claims, concerning which 
they could have, and had, in fact, no correct information in detail. With- 
out contesting the King's right to interdict trade with his colonies, it is 
equally certain that neutrals, when captured by Spanish privateers, have 
a right to a fair trial ; and that, if they be deprived of their property 
without it, they have a right to claim compensation of the Spanish Govern- 
ment. Such is the character of the greater part, and probably of the 
whole of the claims now presented by the United States. 

Your Excellency will not consider it unnatural that acts of injustice, so 
glaring as those whieh I have now detailed, committed in time of pro- 
found peace by the agents of a professedly friendly power, in the neigh- 
borhood, and almost within view of the coasts of the United States, upon 
their unoffending citizens, should have excited a strong sentiment of in- 
dignation and alarm throughout the country. As ail evidence of the char- 
acter and degree of this feeling, I take the liberty of informing your 
3 



26 [Doc. No. 56.] 

Excellency of the proceedings that took place in regard to the same case 
of the James Lawrence, of which I have stated the details above. The par- 
ties interested in this vessel addressed a memorial to the Senate of the United 
States, representing the injuries they had suffered from the Spanish au- 
thorities, which was referred by the Senate to the Secretary of State, (now 
President of the United States) who made thereupon the following report : 

" Department of State, 

" Washington; February 2, 1825. 

" The Secretary of State, to whom, by a resolution of the Senate of the 
United States, was referred the memorial of James Ray and others, own- 
ers of the brig James Lawrence and cargo, captured by a Spanish priva- 
teer, and carried into St. John's, Puerto Rico, praying the interposition of 
the Government, with the documents accompanying the same, to consider 
and report thereon, has the honor of reporting : 

** That the case of the James Lawrence is one of those of flagrant out- 
rage upon the property of the citizens of the United States, upon which 
the Executive Government of the United States have, for the last three 
years, constantly applied near the Spanish authorities exertions for repa- 
rtition equally strenuous and unavailing. That the capture, in the first 
instance, was illegal ; and that the proceedings of the Court of Appeal, 
condemning the property, were irregular, cannot be doubted. A last ap- 
peal to the justice of His Catholic Majesty is aH that remains practicable 
in this case, short of measures which, hy authorising reprisals, would as- 
sume upon the United States themselves the. task of dispensing to their 
citizens that justice which has hitherto been sought from the Spanish au- 
thorities in vain.*' 

With this last appeal, having been appointed by the President of the 
United States their Minister at this court a few weeks after the above 
report was made, I had the honor to be entrusted, and have now been urging 
it with unremitted assiduity for nearly three years or more. The accep- 
tance by His Majesty's Government, soon after my arrival, of the pro- 
posals of the United States to negotiate upon this subject, authorised the 
expectation that it would be amicably settled without delay, and prevent- 
ed for the time the farther contemplation of the more vigorous measures 
alluded to at die close of the above report. The unaccountable delay that 
has since occurred in the progress of the negotiation has gradually di- 
minished that expectation ; and the answer which I have now received 
from your Excellency, if regarded as final, destroys it altogether. Such, 
however, is the singular inconsistency of this answer with the former 
proceedings in the same affair, with the usual modes of international in- 
tercourse, and with the tenor of the notes to which it professes to reply, as 
well as with the just demands of the Government of the United States, that, 
as I have already remarked, I cannot but view it as the result of surprise 
or accident; and have accordingly felt myself justified in addressing; to 
your Excellency this final representation I still venture to hope that 
His Majesty's Government, upon perceiving, as I think I have distinctly 
shown above, that the answer now given by your Excellency does not 
meet, in any degree, the merits of the claims, and is founded upon an en- 
tire misconception of th« ir character, will be induced to give the subject 
a reconsideration, and by continuing the negotiation agreeably to the'ar- 



[Doc. No. 56.} 27 

rangements already made, to obtain an opportunity of acquiring the cor- 
rect and detailed notions upon which alone it is possible to makeup a just 
and satisfactory judgment. After the long delay that has already occur- 
red, your Excellency will not, I hope, be surprised if I add that I shall 
wait with some impatience for a reply. 

Before I close this communication, I will briefly advert to one or two 
passages in your Excellency's answer, which seem to require some notice, 
although they have no immediate connexion with the principal subject* 
In one of the two to which I allude, your Excellency, while disclaiming 
any intention to recriminate upon the Government of the United States, 
remarks that that Government has too much good faith not to admit that 
the King might justly take offence at the conduct of certain citizens of the 
United States, who, in contravention of solemn treaties, and for the sake 
of private emolument, have directly, and with impunity, nourished the 
flame of insurrection in the colonies. In the other, it is stated that the 
measures adopted by His Majesty's Government for the suppression of 
piracy will probably be effectual, prov^ed the Government of the United 
States, on their side, take care to prevent the repetition, within their juris- 
diction, of the building, equipment, and armament of vessels for the 
use of the pirates, which has heretofore taken place, within, as your Ex- 
cellency is pleased to say, my knowledge, notwithstanding the continual 
remonstrances of His Majesty's Legation in Philadelphia, and in violation 
of the neutrality promised by the United States. 

I cannot but remind your Excellency, in reference to these passages, 
that vague and general charges of this description, unaccompanied by 
evidence, or even detailed statements of any particular facts, can hardly 
lead to any useful results, and have no tendency to promote a good under- 
standing between the two countries. They can only be met by equally 
indefinite assurances that it has always been the wish and intention of the 
United States to observe a fair neutrality in the war between Spain and 
her colonies. Far from admitting, as your Excellency seems to suppose 
they do, that their fellow-citizens have directly, and with impunity, fed the 
fire of insurrection, they believe, on the contrary, that much less direct 
encouragement has been given to the cause of the Independent Provinces 
than might fairly have been considered, under the circumstances of the 
case, as natural and unavoidable. Any representations which may be 
made to the Government of the United States, by order of His Majesty, 
against their own immediate acts, or those of agents for whose conduct 
they are responsible, will always receive the most r3spectful attention ; 
and, when properly substantiated, will be followed by suitable measures of 
redress. In the proposals now made to negotiate on the subject of the 
mutual claims of the two Governments for indemnities, it is one of the 
objects of the Government of the United States to give a fair considera- 
tion to any well grounded complaints of the description alluded to, which 
His Catholic Majesty may have to offer; and it appears singular that your 
Excellency, at the moment of rejecting these proposals, and with them the 
tender of honorable satisfaction for any real injuries that may have been 
sustained by Spain, should deem it proper to renew the same complaints 
in the same vague and indefinite terms. As respects the passage in which 
your Excellency is pleased to appeal to my personal knowledge, in con- 
firmation of the assertion that vessels have been built, equipped, and fit- 
ted out, in the ports of the United States, for the use of the pirates, in via- 



28 [Doc No. 56.] 

lation of the promised neutrality* and notwithstanding the repeated remon- 
strances of His Majesty's Legation at Philadelphia, I can only reply that 
I am wholly unahle to form any conjecture of the circumstances to which 
your Excellency alludes. I am not aware that any vessels have ever 
been built, equipped, or fitted out, in the ports of the United States, for the 
use of the pirates, or that the Spanish Legation at Washington have ever 
made any complaint to that effect : and the intimation that the Govern- 
ment of the United States have promised to observe neutrality towards 
the pirates is of so extraordinary a character, that I must presume it to 
be the result of some accidental error in the composition of the note. 
Should your Excellency think proper to furnish me with a more precise 
statement of the facts intended under these general charges, I shall, with 
much pleasure, give you in return any additional explanations that may 
be within my power. 

I avail myself of this occasion to assure your Excellency anew of my 
sincere respect and esteem. 

# A. H. EVERETT* 

Madrid, February IS, 1828. 



GALES & SEATON, 
Printers to House of Jlep? 



[46] 



FROM THE 



PRESIDENT OF THE UNITED STATES. 



TRANSMITTING 



(Pursuant to a resolution of the House of Representatives, of the 16th ingt.) 



INFORMATION INT 



miMim to MWum lommutrn uyoiitlir pn-r,ouo 

OF THE 

Officers and Crews of American Vessels 
AT THE HAVANA, 

AND OTHER SPANISH PORTS IN AMERICA,; 

AND 

THE CONDUCT OF THE SPANISH AUTHORITIES 

IN RELATION THERETO.. 



JANUARY 31, 1822. 
Read, and ordered to lie upon the table. 



WASHINGTON : 

PRINTED BY GALES & SEAT02T, 

1822* 



C46 3 



TO THE HOUSE OF REPRESENTATIVES OF THE TOITED STATES: 

In pursuance of a resolution of the House of Representatives, of the 
16th instant, requesting information with regard to outrages and 
abuses committed upon the persons of the officers or crews of Ameri- 
can vessels at the Havana, and other Spanish ports in America, and 
whether the Spanish authorities have taken any measures to punish, 
restrain, or countenance such outrages, I herewith transmit to that 
House a report from the Secretary of State, containing the informa* 
tion called for. 

JAMES MONROE. 

Washington, 30th January, 1822* 



[46 3 



; Department of State, 

Washington, 50th January, 1822. 

The Secretary of State, to whom has been referred the resolution 
of the House of Representatives, of the 1 6th instant, requesting of 
the President of the United States the communication of information 
respecting any outrages and abuses committed upon the persons of 
the officers or crews of American vessels at the Havana, or other 
Spanish ports in America, and whether any measures have been adopt- 
ed, under Spanish authority, tending to punish, restrain, or coun- 
tenance, either such personal outrages, or piratical depredations, up- 
on the property of our merchants, has the honor of submitting to the 
President the statement of captain B. I. Shain, with accompanying 
documents, containing all the information possessed by this Depart- 
ment, embraced by that resolution. 

JOHN QUINCY ADAMS* 



[46] 



The following is a statement of the outrage committed upon the Ame- 
rican schooner Jj ax, of Philadelphia, commanded by myself, while 
laying in the port of Hcvanna. 

On Sunday, 25th November ultimo, I left the counting house of 
Messrs. Blair, Aizpurua & Co. about one o'clock, P. M. I had 
with me my accounts, which I had just received, together with the 
schooner's papers, and intended to sail next morning, wind and 
weather permitting. Soon after I got on board the schooner, I be- 
gan to examine my accounts, in case there should be an error, it 
might be corrected before I sailed. I had been thus engaged but a 
little time, when I heard Mr. Joynes, the chief mate, say, in Spa- 
nish, " Go on shore," which he repeated several times. I then went 
on deck, and asked him what was the matter. He said there had 
two soldiers come on board, who asked to light their cigars, and he 
himself gave them fire. After they had lighted their cigars, they 
addressed themselves to one of the people, who was laying on the 
main hatch in a state of intoxication, (but quiet and without molest- 
ation,) and when they found he could speak some Spanish, they told 
him he was a Spaniard, and they would have him put on board the 
guard ship. He told them he was no Spaniard. They insisted he 
was. Mr. Joynes said he then told them the man was no Spaniard; 
that he was an American, and one of the people belonging to the 
schooner. They then drew their swords. Mr. Joynes said he then 
picked up my cane, which was near him, and made them go on shore, 
telling them to go on shore, as before mentioned. I then went down 
below to my accounts again, but had been there but a few minutes, 
when Mr. Joynes came to the companion door, and asked me what 
should be done; that there were a number of soldiers, who seemed 
determined to come on board. I told him not to let them, that I 
would not suffer them to come, saying they have no business here. 
I then gathered up my papers, put them away, and went on deck, 
with a cutlass in my hand, being of opinion they wished to commit 
some violation. I walked forward to the bows of the schooner, to 
which place the soldiers had nearly advanced. I forbid them to come 
on board, telling them not to trouble me; but they, regardless of my 
intreaties, were determined to come. I, seeing their intention, went 
aft and got one of my pistols; Mr. Jojnes did the same. We both 
went forward to the bows of the schooner, and desired them, again 
and again, not to come on board; but they advanced to the railing, 
and were about to jump on deck, when I cocked my pistol and pre- 
sented it, telling them at the same time not to board me, if they did, 
I would blow them through. They, finding me resolute, retreated to 
the foot of the stage again, where they were joined by some other sol- 
diers, who stood there and urged them on, and called them cowards to 



8 £46]] 

Jet the Americans drive them, and tried to force them back again; they 
then, however, sent for a reinforcement of soldiers, who, when they 
came to the foot of the stage, attempted to force their way also, but Mr. 
Joynes and myself stood firm at the top (or head) of the stage, de- 
termined, if possible, to defend the decks, so that they dared not 
■approach us; they then sent for a guard of soldiers, who, when come, 
the captain of which commanded me to come on shore, which com- 
mand I refused to obey, saying, at the same time, I had no business 
on shore, that my place was on board my vessel; he, however, com- 
manded me several times very peremptorily to come on shore, which 
command I continued to disobey, telling him at the same time, if he 
had any thing to say to me to come on board, that I would respect 
him and treat him politely; he then sent a young man on board who 
could speak a little English, who told me, the captain of the guard 
said, if I did not come ou shore, he would send his guard on board 
and take me to prison. I told the young man to tell the officer, I had 
done nothing for which I should be put to prison — that 1 was on 
board my vessel, and had not been on shore, nor would I go unless 
J should be taken there; the young man went and spoke to the offi- 
cer, who together with his guard went away; I then sent to the 
house of my consignees, informing them of my situation, and request- 
ed they would come to the vessel immediately, which they did. By 
this time there was a great number of people, soldiers, and common 
rabble of the streets, besides a number of boatmen collected on the 
wharf before the schooner. I related the circumstance to my con- 
signees, ail that had transpired, as I have now done. They asked 
me if that was all I had done? I said it was. They advised me to haul 
the schooner astern from the wharf, seeing the people appeared to 
have a design against her; I immediately gave orders to do so, hav- 
ing previously taken on board the stage. As soon as the mob saw 
I was about to leave the wharf, and supposing their designs (I be- 
lieve) might be frustrated, they called out, not to let the vessel move, 
making use of the most threatening and shameful language, and lay- 
ing hold at the same [time] of the forward rigging, crying out, " On 
board, on board; we will not let the American rascals go;" we, how- 
ever, succeeded in hauling her astern, although there were at that 
time but three men, besides myself and the little boy on board; but 
the wind blowing very fresh, canted her head to port, and the jib- 
boom getting foul of the topping-lift of a small Spanish schooner 
which lay on our larboard side, the Spaniards ran from the 
wharf on board her, and while we were -endeavoring to clear the 
Ajax and haul her astern, they boarded us from the Spanish 
vessel; we not being able to clear haul her astern, and prevent 
them from boarding ail at the same time, there being then but four on 
board in all, and only Mr. Joynes and myself who made any resist- 
ance. In the course of qne minute my decks were full of Spaniards, 
led on by a number of soldiers, two of which were in front, who had 
long knives or daggers. The one on my left hand made a pass at me 
with his knife, or dagger. I repelled him with my cutlass in my left 



[ 46 ] 9 

hand. Perceiving he was preparing to make a second attempt, I fir- 
ed my pistol, but missed my object, although I shot a soldier behind 
him. Mr. Joynes, seeing the imminent danger we were in, fired his 
pistol, and, I believe, killed the soldier I fired at. At this moment 
we were completely surrounded by a great number of soldiers and 
others, and being aft, by the companion way, and under the awning, 
where we had no possible means of defending ourselves. In this situ- 
ation we w r ere attacked with swords, knives, spars, sticks of wood, 
and stones, which they had previously thrown on board from the 
wharf. Mr. Watson, my second mate, had his head cut with the 
cook's axe. They stabbed the steward of the ship Lucius, of Charles- 
ton, who died in about two days. They cut off one man's arm, all 
but the sinews, belonging to the brig Cyno, of Philadelphia, and split 
his mouth open. They beat Mr. Joynes with sticks and spars, and 
threw him overboard, where he was pursued by boatmen, who struck 
at him in the water with their oars, and had, at the same time, their 
knives in their mouths to kill him with as soon as they should hit him 
with their oars and prevent his swimming. He, however, being a 
good swimmer, dove under water, and thereby escaped their blows. 
They w r ere at one time so near him that he was obliged to dive under 
their boat, and stayed so long under water that they thought he was 
drowned, but at length he came up near the guard boat, the officer of 
which took him in and saved his life. While I remained on board 
in the hands of these barbarous savages, who most cruelly beat my 
head and shoulders with stones and sticks, they cut the third finger 
of my right hand almost off; also my right wrist and my right arm; 
they stabbed me on the top of my breast bone, in my right shoulder, 
and in my back and stomach, and laid my head open with a cutlass, 
or sword, in two places, about five inches long each, to the bone, and 
fractured my scull. They also cut my cheek through into my mouth, 
nearly to my ear, and nearly cut my right eye out. As soon as 
they thought they had killed me, (for I fell apparently dead at 
their feet,) they began to plunder the vessel, cut away arid carried 
off all her running rigging; stole the long boat, six pistols, and two 
cutlasses, broke open the harness tubs, and stole all the beef and pork 
in them; took away all our fowls; stole every article of cabin furni- 
ture, such as dishes, spoons, cups, saucers, knives, forks, &c. with 
all the cabin stores, besides many other things, too numerous to men- 
tion. They stole from me all my clothes, not leaving me a single 
shirt; they stole Mr. Joynes' clothes also, and even went into the 
forecastle and robbed the people of theirs. While I was thus weltering 
in my blood, suffering, if possible, a thousand deaths, in my agony 
I lifted my head, and raising partly up, supported myself in a sit- 
ting posture on the deck by my hands, one on each side of me, I was 
accosted by a soldier and askedif I was the captain. The deck seem- 
ed to be more quiet, and the mob appeared in some measure to have 
retired; though at that time I could not see, I presumed him to be my 
friend, come to relieve me: I answered, yes. He instantly took his 
sword, which had a metal scabbard, as I heard it rattle, and driving 



10 C 46 1 

it at me struck ine with the end of it on the collar bone, and knocked 
me Sat on the deck again. He then robbed me of the little change I 
had, and took from my fob my watch, but finding some difficulty in 
getting it from the fob, took his knife and cut it off. Who this sol- 
dier was I know not, but am of opinion, from the voice, that he was 
the captain of the guard who first commanded me on shore. After 
they had finished their plunder, and the mob gone, the government 
sent Mr. Joynes, one of my people, and a little boy, to prison; my 
second mate, the steward of the ship Lucius, and the man belonging to 
the brig Cyno, to the hospital. During all this time I w T as left lying 
on the deck. There was, however, afterwards a guard sent for me, 
who made me g&t up from the deck and climb over the side of the ves- 
sel and get into a boat which was alongside to receive me, but not 
being able to support myself, fell from the side of the schooner partly 
into the boat and partly into the water, but finally got into her; then 
they took me to a small droger which lay at the wharf, and made me 
go on board and walk to the gang board which led on shore. Know- 
ing it was impossible to walk the board to the wharf, I sat down on it 
and tried to haul myself along, when one of the gang behind me push- 
ed me along like a log. When I landed on the wharf I was made to 
get up and walk about 150 yards to a volante. I was told to get into 
it, and they drove me off to the hospital, where my second mate and 
the steward of the ship Lucius had already arrived; a wretched place, 
enough to make a well man sick. The doctor of the hospital, con^ 
sidering me mortally wounded, threw a bundle of rags about my 
head, with as little ceremony as a butcher in our market would 
wrap up a shin of beef to send to a customer; and when he came to the 
w r ound in my stomach he thrust his fore finger into it up to his.hand, 
and then folded up a piece of rag, as if he were going to stop the 
mouth of a bottle, and screwed it into the wound. In this situation I 
was laid on a bedstead which had boards for its bottom, with something 
like a pillow to support my bru ised and cut head. I had lost much blood, 
and had lain before the door of the hospital until I was almost chill- 
ed to the heart, so that my teeth and jaws rattled; I begged for some- 
thing to cover me, but could get nothing until a friend came to the 
door s and finding me freezing for want of something to cover me, 
ran home and got me something, but when he came with it to the 
hospital door, it was with difficulty he prevailed on them to let me 
have it. In this place I remained until about eleven o'clock the 
next day, when Don Francisco de P. Hornillos, obtained permis- 
sion, on his own responsibility, to remove me to a sick-house, attend- 
ed by a number of gentlemen, some of whom went for a surgeon to 
dress my wounds, and brought Dr. Benjamin Huger, surgeon of the 
Marine Hospital in Charleston, S. C. residing at this time in Ha- 
vana for his health. When he saw me, he said he was astonished, 
from the appearance of my wounds, that I had not died. Mr. Joynes 
and the man that was in prison, were not released until the follow- 
ing Saturday afternoon, being nearly eight days in prison; about 
two days of which time, he said he was without any thing to eat, 
and, I believe, nothing to drink. We, however, got information to 



[46] 



11 



Don F. D. P. Hornillos of his situation, who advanced him a doub- 
loon, with which he was enabled to buy something to support na- 
ture, although he was compelled to pay at the rate of a dollar for 
only about an ounce of beef, and for other things he wanted in pro- 
portion. After he heard I was not dead, he was desirous to write to 
me, and had to pay, he said, one dollar for the sheet of paper. Mr. 
Joynes told me, he was informed by the officer of the guard at the 
prison, that the officer who commanded me to come on shore, intend- 
ed, if I had complied with the order, to have given me up to the mob 
to do with me as they pleased. Mr. Joynes, my chief mate, Mr. 
Watson, my second mate, and the man belonging to the brig Cyno, 
were released on the Saturday following, December 1st. The two 
latter were brought to the sick-house, where I was; Dr. Huger was 
called to attend Mr. Watson, as well as myself, and when he saw 
him, he said he believed he could not live; he, however, survived un- 
til Friday 6th, when he died. Such was their inhumanity, that Mr. 
Watson did not have his wound dressed all the time he was in the 
hospital or prison. 

B. J. SHAIN. 
Washington City, 

January 9th, 1822. 

Washington County, 1 ., j aPV 1822 

District of Columbia, J 9th Januar ^ 1822 « 
Personally appeared before me the subscriber, one of the justices 
of the peace in and for the county and district aforesaid, Captain 
Benjamin Jones Shain, and made oath, on the Holy Evangelists of 
Almighty God, that the foregoing statement of facts is true, to the 
best of his knowledge and belief. 

Given under my hand and seal, this ninth day of January, in the 
year of our Lord eighteen hundred and twenty-two. 

[i. s.] CHARLES W. WHARTON. 

P. S. In relating the above narrative, I forgot to. mention, that 
after I had got the vessel refitted and ready for sea, I was informed 
by Don F. De P. Hornillos, one of the gentlemen to whom I was 
consigned, that the schooner could not depart from the port with 
any one of the officers and crew on board who belonged to her pre- 
vious to the outrage. I was therefore, notwithstanding the many 
petitions I sent to the Governor, under the necessity of shipping 
other officers and crew. 

It was also decreed, that neither Mr. Joynes nor myself should 
leave the place under a heavy penalty; Mr. Joynes and myself were 
both compelled to leave the port clandestinely, or not at ail; and, 
before the merchants would settle with me, or suffer me to depart, I 
was compelled to give a receipt, acknowledging myself accountable 
for the penalty or other charge that might arise in consequence of my 
departure, if exacted by the Spanish court. 

B. J. SHAIN. 

Subscribed and sworn to, this 10th January^ 1822, before me, 

R* S. BRISCOE, Justice Peace. 



12 [ 46 ] 

Deposition of Don Francisco de Paula Homiilos. 

This witness declares and deposes, that, on Sunday, the 25th Nov, 
last, being at home, immediately after dinner, and just as he was 
preparing himself to go out riding, which was about the hour of five, 
he received information from his compting-house that some accident 
had occurred to the American schooner that was going to Philadel- 
phia, and that his presence was necessary. That he immediately re- 
paired to the wharf, to the place where the said schooner w r as, and 
there found a great concourse of people of all descriptions, close 
to the vessel, and the captain walking on deck, all in the greatest 
tranquillity and silence. That he walked' on board, and asked Capt. 
B. J. Shain what had been the matter? to which he was answered, 
that some soldiers having gone on board of his vessel, and asked for 
fire to light a segar, the mate did politely hand it to them; and that 
they entered into conversation with a man on board that could talk 
Spanish. That the soldiers told the mate that that man w T as a Spa- 
niard, who should not be in a foreign vessel, and that they were going 
to carry him off. That the mate objected to their doing so, as the 
man was not a Spaniard; and the soldiers insisting on carrying him 
off, he, the said Captain Shain, came out of the cabin, and observed 
the determination of the soldiers to carry that man away. That he 
would not consent to it; and, as they threatened to execute their in- 
tention, and to make use of their swords, he ran to the cabin, and, 
taking bis pistols, made them run aw ay out of the vessel. That, soon 
after, the same soldiers, with some others, wanted to come on board 
ag?xin, which he would not consent to; and, as they were walking 
up the stage, he approached the fore-part of the vessel, and ordered 
them to go off, when they were already on the gunnel, or he would 
fire into them with his pistols, if they attempted to violate or assault 
the inviolability of his house, which was his vessel, upon which they 
retired. That those soldiers then went, and complained or informed 
against him, to the officer of the guard at the treasury gate, who came 
before the vessel, at the time that he, the said captain Shain, was 
still walking on deck, which officer ordered him to come on shore. 
That to this command, he, Captain Shain replied, that he was on 
board his own vessel, and w r ould not go on shore; but if he, the offi- 
cer, had any thing to say to him, he might safely step on board, 
about which they disputed a short while; and finally, the officer went 
off, and captain Shain remained walking on deck. This witness 
declares, that, upon receiving this information from captain Shain, 
and seeing the crowd upon the wharf rather increasing, he advised 
them to loose his fasts, and carry his vessel out in the stream, ap- 
prehensive that the soldiers might return to molest him again, and 
chiefly to prevent some new accident occurring. That captain Shain 
immediately ordered the vessel away from the wharf, and when they 
were hauling her astern, a Spaniard, in the dress of a sailor, held her 
by the rigging of the bow-sprit, and cried out that the vessel should 
not quit the wharf, and that it was necessary to punish those rascals 



[46] 



IS 



of Americans. That he spoke to this man, requesting him to permit 
the vessel to go off, as he had so directed it, with no other view than to 
avoid any misfortune that might occur; telling him, also, that he had no- 
thing to do with the vessel, to retire and not be the means of disturbing 
the peace. That he the witness, could not persuade this man, nor pre- 
vail upon him to quit his hold of the rigging, while he continued crying 
out against the Americans, and inviting the crowd to join and help him* 
That another man, likewise in sailor's clothes, joined the former one, 
taking hold of the bow-sprit rigging, and the witness also endeavored 
to persuade him by good means to abandon his task, but could obtain 
nothing else than repeated insults from both: and that, fearing some 
misfortune, he ran to the officer of the guard, at the treasury gate, 
and requested him to interpose his authority, towards getting the ves- 
sel away from the wharf, which he, the witness, had to beg the 
officer repeatedly to do; remonstrating, that otherwise, some mis- 
fortune would be inevitable. That the officer then, with some soldiers 
of his guard, went towards the vessel, but was of no service, as he 
either could not, or knew not how to make himself respected, as 
those two sailors, and some others that had already joined them, 
completely played with him, while a great part of the crowd, were 
already crying out in the most abusive language, and exciting the 
multitude, saying, On hoard, on board, to those dogs, kill them J That 
the witness, still being among the crowd, underwent repeated insults, 
from those sailors and several others, because he was still endeavor- 
ing to quiet them; at which time he found himself taken by the arm, 
by some person who requested him to go away, as he had observed 
the witness to be in great danger. That seeing the crowd and mob 
increasing, he ran up to the captain-general's, and requested him 
immediately to take some measures towards restoring the peace on 
the wharf; and hardly had he explained to his excellency the object 
of his request, when information arrived of the vessel having been 
boarded, and of the misfortunes that were the result of it: and as 
the bearer of that information gave also notice, that the captain had 
been wounded and nearly killed; the witness requested his excellency 
to order that the captain be delivered him, in order to give immedi- 
ate attention to his dangerous situation on account of his wounds. 
That his excellency sent one of his adjutants with the witness to the 
wharf, for the purpose of delivering him the captain's person; and 
on arriving at the place where the vessel had been, he found her to 
have gone away astern of the other vessels, and that there remained 
only about six or eight persons on the w T harf, one of whom was El 
Zelador de Mar Dn. Frco. Baro, who had formerly also made great 
exertions towards keeping the peace, and had much endeavored to 
pacify the first man, that had objected to the vessel's leaving the 
wiiarf; and who, having found there that same man, did arrest him, 
and sent him to jail. That at this time, the witness having been 
informed that captain Shain had been carried to the hospital, he ap- 
plied there to get him out; but as they were actually dressing his 
wounds, and that it was dangerous at the moment to move him, he 



14 [46] 

was left there that night, and the next morning the witness took him 
out upon his receipt. 

FRANCO. P. HORNILLOS. 
Havana, December llth, 1821. 



United States Commercial Agency. 
Be it known, that, on this eleventh day of December, in the year 
one thousand eight hundred and twenty-one, before me John Warner, 
commercial agent of the United States of America, at the city of Ha- 
vana, personally came and appeared Dn. Franco, de Paulo Hornil- 
los, subscriber to the foregoing deposition, who being duly sworn 
upon the Holy Evangelists of Almighty God, did depose to the truth 
of what is therein set forth. 

In testimony whereof, I have hereunto subscribed my name, and 
r -j affixed the seal of my office, at the city of Havana aforesaid, 
*• " V the day and year first above written. 

JOHN WARNER. 



Havana, December 13, 1821. 

This is to certify, I, Benjamin Huger, of Charleston, South Ca- 
rolina, surgeon to the marine hospital in that city, at present resid- 
ing in the Havana for my health, did, at the request of a friend, visit 
captain B. J. Shain, who had been wounded in a contest with seve- 
ral Spaniards. Upon examination, I found several wounds, three of 
which I considered highly dangerous. After much suffering, on the 
part of Captain S. he has recovered. 

This certificate is given at his request. The mate of his vessel 
died in consequence of wounds received at this time, 

B. HUGER, 8. M. H. 



Copy of a letter from B, J. Shain to the Secretary of State. 

Philadelphia, QSth January, 1822. 
Sir: When I was at Washington a few days ago, you advised me to 
forward my memorial, addressed to the President, accompanied with 
the extent of the damage sustained from the Spaniards at Havana, 
in the late outrage committed against the schooner Ajax, her officers 
and crew, which I would have done before now, but owing to my in- 
disposition I was not able to accomplish it; I, however, expect to have 
every thing ready to forward in the course of four or five days from 
this time. The amount of the damage will, I presume, be but little 
short of $2,000, if not more, independent of our personal sufferings, 
which is more than can be expressed. 
And am, Sir, with due respect, 

Your most obedient humble servant, 
Hon. J. Q. Adams. B. J. SHAIN. 



18th CONGRESS, [ 25 ] 

2d Session* 



inm§iA©n 



PROM THE 



PRESIDENT OF THE UNITED STATES, 



TRANSMITTING 



(In compliance with a resolution of the House of Representatives, of the 2rth inst.) 



INFORMATION IN RELATION TO THE 



Visit of the Naval Officer of the United States^ 

COMMANDING IN THE WEST INDIES, 

TO THE 

Town of T&xauAo, Yo*to TUco, 

IN NOYEMBER LAST. 



DECEMBER 29, 1824. 
Read, and ordered to lie upon the table, 



WASHINGTON: 

PRINTED BT GALES & SEATON, 

1824. 



C 25 ] 



To the Speaker of the House of Representatives. 9 

In compliance with a resolution of the House of Representatives of 
27th instant, requesting information explanatory of the character and 
objects of the visit of the naval officer of the United States com- 
manding in the West Indies, to the town of Faxardo, in the island 

of Porto Rico, on the day of November last, I herewith transmit 

a report of the Secretary of the Navy, with a letter from Commodore 
Porter, which contains all the information in possession of the Exe- 
cutive, on the subject. Deeming the transaction adverted to of high 
importance, an order has been sent to Commodore Porter to repair 
hither without delay, that all the circumstances connected therewith 
may be fully investigated. 

JAMES MONROE, 

Washington, ZMh Dec, 1824. 



£25] 



Navy Department. 

December 28, 1824. 

Sir: In answer to a resolution of the House of Representatives, of 
the 27th instant, that "the President of the United States be re- 
quested to communicate to the House any information in his posses- 
sion, not improper to be communicated, explaining the character and 
objects of the visit of the naval officer of the United States, com- 
manding in the West Indies, to the town of Faxardo, in the Island of 
Porto Rico, on the — — day of November last," I have the honor to 
enclose to you a copy of a letter from Captain David Porter to the 
Department, dated 15th November, which is the only information on 
the subject, in possession of this Department. 

An order has been given that Captain Porter should return to this 

place without unnecessary delay, and an officer will sail from the 

United States to relieve him, and take command of the squadron, in 

a very few days, as soon as a vessel can be prepared for the purpose* 

I have the honor to be, 

Very respectfully, 

Your most obedient servant, 

SAM. L. SOUTHARD. 
The President of the U. States, 



L 25 ] 7 

United States' Ship John Adams, 

Passage Island, November 15, 1824. 

Sir: I have the honor to inform you that, on my arrival at St. 
Thomas', I was informed that Lieutenant Commandant Piatt, of the 
United States' schooner Beagle, who had visited Faxardo, a town on 
the east coast of Porto Rico, about two miles from the sea, for the 
purpose of making inquiries respecting a quantity of dry goods sup- 
posed to have been deposited there by pirates, was, after being recog- 
nized as an American officer, by the proper authorities there, impri- 
soned and shamefully treated. 

Indignant at the outrages which have so repeatedly been heaped on 
us by the authorities of Porto Rico, I proceeded to this place, where 
I left the ship, and, taking with me the schooners Grampus and 
Beagle, and the boats of the John Adams, with Captain Dallas and 
part of his officers, seamen, and marines, proceeded to the port of 
Faxardo, where, finding preparations were making to fire on us from 
the battery on shore, I sent a party of seamen and marines to spike 
the guns, which was done in a few minutes as the Spaniards fled on 
the landing of the party. I then landed with two hundred men, and 
inarched to the town, spiking on the way the guns of a small battery, 
placed for the defence of a pass on the road, and reached the town in 
about thirty minutes after landing: I found them prepared for defence, 
as they had received information from St. Thomas' of my intentions 
of visiting the place. I halted about pistol shot from their forces, 
drawn up on the outskirts of the town, and sent in a flag, requiring 
the Alcalde, or Governor, with the Captain of the port, the principal 
offenders, to come to me to make atonement for the outrage^ giving 
them one hour to deliberate. They appeared accordingly, and, after 
begging pardon (in the presence of all the officers,) of the officer who 
had been insulted, and expressing great penitence, I permitted them 
to return to the town, on their promising to respect all American offi- 
cers who may visit them hereafter. We then returned to the vessels, 
and left the harbor, after being at anchor three hours. 

As we were getting under way, a number of persons appeared ou 
the beach, bearing a white flag, and having with them some bullocks, 
an.d a number of horses, apparently laden, no doubt a present from the 
authorities of the place, which they informed me they should send me. 

There is no doubt that our persons and our flag will be more re- 
spected hereafter, than it has been, hy the authorities of Porto Rico* 

Every officer and man, on this occasion, conducted themselves in a 
manner to meet my entire approbation. 

I have the honor to be, very respectfully, 

Your most obedient servant, 

D. PORTER. 
Hon. Samuel L. Southard, 

Secretary of theNavij, Washingtov* 



getii Congress, [Rep. No. 23.] Ho. of Reps, 

2(Z Session. - — "- 

" PORTS OF ENTRY— FLORIDA* 



December 30, 1828. 

Head, and laid upon the table. 



Mr. Camureleng, from the Committee on Commerce, to which the sub° 
ject had been referred, made tiie following 

REPORT: 

The Committee on Commerce* who were instructed by a resolution of the Bth 
of December, 1828, to inquire into « the expediency of extending the pri- 
vilege, secured to Spanish vessels in the \5th article of the Florida treaty, 
to all the ports of entry in the Territory of Florida," report: 

The article referred to provides " that Spanish vessels, coining, laden 
only with productions of Spanish growth or manufacture, directly from 
the ports of Spain or of her colonies, shall be admitted, for the term of 
twelve years, to (he ports of Pensacola and St. Augustine, in the Floridas, 
without paving other or higher duties on their cargoes, or of tonnage, than 
will be paid by the vessels of the United States." It is proposed to ex- 
tend this provision to the ports of entry established in that Territory 
since the date of the Florida treaty. If this were a^treaiy between the 
United States and Spain, mutually granting reciprocal advantages of 
commerce and navigation, there might be some propriety in giving to this 
article the most liberal construction, and in extending its provisions to all 
the ports in the Floridas. But it is of another character altogether. This 
temporary and special exemption of Spanish vessels and their cargoes 
from our alien duties, was one of the considerations conceded to Spain in 
the purchase of Florida. " It is a stipulation which operates very une- 
qually, and much against our own navigation. While Spanish vessels 
and their cargoes are thus admitted into Pensacola and St. Augustine 
without any alien duties whatever, American vessels are charged with 
discriminating duties of tonnage and impost in all the ports of Spain and 
her colonies. From the vicinity of Cuba to our coast, this is an im- 
portant concession to Spain ; and it must, until the expiration of the 
twelve years, tend to substitute Spanish for American vessels in the com- 
merce between Cuba and Florida. The committee are of opinion that 
Spain lias no right to expect from us more than a faithful compliance with 
the terms of the treaty; and that the change proposed would be injurious 
to our own navigation and to our revenue. They deem it inexpedient to 
extend the privilege secured to Spanish vessels by the Florida treaty be* 
yond the stipulation which expressly limits their entry, free from alien 
duties, to the two ports of Pensacola and St. Augustine. 



GALES & SEATON, 
Printers fo JFfettee of Reps ■ 



&TOA 




























Deacidified using the Bookkeeper pro< 
Neutralizing agent Magnesium Oxide; 
Treatment Date: r , -^ 

Preservationtechnoloj 

A WORLD LEAOea IN PAPEB PRESERVA1 
111 Thomson Park Drive 
Cranberry Township, PA 1 606H 
(724)779-2111 


















r j. 



« a \^ v \V 









O, 

























OCT 












* 









■**^ 












% 



^ 













V ^ 



LIBRARY OF CONGRESS 




009 866 771 4 # 



f 

■ m 



111 



m 

m 

MM 
i 

mi 

H 



